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I was asked to agree to the following employment agreement and I have concerns: I acknowledge that all of my work product, including materials, ideas, and other property, whether or not copyrightable, which I create with myself or with others relating to my employment with the company is "work made for hire" for the company within the meaning of the US Copyright Act of 1976 and for all others purposes, and I hereby assign in perpetuity all of my rights in any such work product which may not be work for hire, exclusively to the company.

I will likely file for several patents next year. The subject matter of these patents has nothing to do with the type of business performed by the company who extended me the offer. Furthermore, I would be a seasonal employee.

Do I have reason to be concerned about them taking control of any of my ideas? Also, I understand broadly what work product is, but I do not understand what would constitute work product and yet not be considered as work for hire.

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I do not understand what would constitute work product and yet not be considered as work for hire.

That is because the clause presented to you is nonsense boilerplate.

The term "such work product" refers to the contract's definition of "work made for hire". But stating that you assign all of your rights for everything else (that is, that "which may not be work for hire") renders it absurd to establish a definition of "work made for hire" in the first place.

Do I have reason to be concerned about them taking control of any of my ideas?

Although the portion if "[what] may not be work for hire" is likely to be stricken in court as unreasonable, you should require the employer to draft a clause that is more consistent.

Also, the catch-all phrase of "for all other purposes" renders it pointless to mention the US Copyright Act. This is not important, but it further reflects that some incompetent individual copy/pasted the clause from somewhere else.

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