IT Employment

Ask something
Discussion Locked

Copyright Question

0 helpful
8 replies

by technologybrad

Closed to new repliesThis discussion is closed. It stays readable, but it takes no new replies.
I created an MS Access 2000 database program for a company. This company asked me to write the program and we agreed that I would keep track of my hours and they would pay me hourly. Who owns the Copyright to the program? Do I since I wrote the program or do they since it could be "work for hire"? Any responses to this would very helpful.

8 replies

by radiic

Have to agree. Without saying a whole lot they hired you to write something, you wrote it, they paid you for it. DONE

Rad

by james r linn

There is nothing saying you can't start from scratch and build the same thing for someone else, unless you have a specific clause in your agreement. Hopefully you would actually have at least some cosmetic differences and improve some of the code for the "next" customer.

But epepke is correct - unless you have a contract which states otherwise, the assumption is that if they paid for you to write that program, you cannot resell that specific work.

James

by rk_sopory

According to the IPR Laws, when any employee does any research activity in any organisation, the research becomes the property of the organisation. In this particular case, the software programmer has the right to display the comments in the start of the program and list out clearly as to who has written the program. But it would be better if there is a written agreement regarding the source code copyright. Without the explicit agreement in writing, the company is at liberty to own the source code as they have deemed to have purchased it after paying the money to the developer.

by stella246

I did a lot of research on this after a different dept. wanted my source code for a large project. Short of talking to a copyright lawyer, I found the following:

If you are a contractor (i.e., NOT an employee), source code copyright is yours UNLESS you sign a contract expressly stating work-for-hire. Check this out for one source: www.bitlaw.com/copyright/ownership.html

My general criteria is how large the project and how 'unique' my solution (i.e., is it the basis for other projects thatwould put me in violation of my own code if I signed a work-for-hire)

P.S. I did not hand over the code, and thankfully, I'm still doing work for the company.

This discussion is closed to new replies.