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  • #2347220

    Copyright Question

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    by technologybrad ·

    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.

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    • #3633874

      * They own it

      by epepke ·

      In reply to Copyright Question

      The title says it all

      • #3618253

        They own it

        by radiic ·

        In reply to * They own it

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

        Rad

      • #3618249

        Exactly, but….

        by james r linn ·

        In reply to * They own it

        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

    • #3612641

      Check out this article

      by elisan@tr ·

      In reply to Copyright Question

      There are some interesting legal issues about databases and copyrights, actually. Check out this article, if you haven’t seen it already: “In depth: Don’t count on copyright laws to protect databases”
      http://www.techrepublic.com/article.jhtml?id=r00520010925ern01.htm

      • #3612640

        Watch out

        by elisan@tr ·

        In reply to Check out this article

        Looks like a linebreak translated to a space in that URL, between the 2 and the 5. Sorry ’bout that.

    • #3592898

      Protect your IP Rights

      by rk_sopory ·

      In reply to Copyright Question

      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.

      • #3509820

        Company may not own copyright

        by stella246 ·

        In reply to Protect your IP Rights

        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: http://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.

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