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Ethics

Labor and the Replaceable Self

When an employee's clone can answer most of their emails, the employer has new leverage. Employment law has not caught up.

Three positions

Position 1

Worker owns clone

A clone built on an employee's work product belongs to the employee and cannot operate after they leave.

Position 2

Work-for-hire

Clones built during employment are work product owned by the firm, subject to standard IP doctrine.

Position 3

Time-limited license

The firm gets a fixed-term license to use the clone after departure, with a sunset and royalty.

Best practices

  • Contracts should address clones explicitly. Silence defaults to disputes.
  • Sunset clauses prevent indefinite post-departure use.
  • Workers should have a right to inspect what their clone is being used for.