Can Employee Copyright Access Database? 4

[LevelThought]

I have spent over 9 months developing a Microsoft Access database and now the new Manager wants me to share the code with a fellow co-worker.

Can a employee copyright a Microsoft Access database or any other intellectual property? Is it possible to copyright within a few days?

Thanks in advance for any insight and suggestions.

 

[ThomasLafferty]

Not sure what the answer is, but here's a decent article from Wikipedia which may give you some insight:

http://en.wikipedia.org/wiki/Intellectual_property

I will watch to see how this goes.

Tom

Live once die twice; live twice die once.

 

[gmmastros]

While you were developing this Access Database, were you...

1) Sitting in a chair owned by the employer?
2) Using a computer owned by the employer?
3) Getting paid to create this database?

Unless you have documentation to show that you created this on your own time, using your own resources AND you didn't sign any non-compete/non-disclosure documents when you began employment, then the intellectual property is owned by the company.

Of course, if you disagree with me, and you want to pursue this, then you shouldn't be asking a bunch of programmers, you should be talking to a lawyer. I suspect you won't like what the lawyer has to say any more than you like what I have to say. However, I do wish you good luck.

-George

Strong and bitter words indicate a weak cause. - Fortune cookie wisdom

 

[LevelThought]

Thanks for the insight.

Approximately 85% of the development work on the Access database was performed at home during the weekends or after work using my laptop computer. As stated, the main point is documenting this which would be rather difficult at this point.

Overall, it appears that one should consult with a legal representative prior to creating software for a employer.

I assumed that other programmers might have encountered this type of scenario and had some insight.

 

[alvechurchdata]

Approximately 85% of the development work on the Access database was performed at home during the weekends or after work using my laptop computer. As stated, the main point is documenting this which would be rather difficult at this point.

I'm afraid that this doesn't help either - lots of people take work home without extra pay. In general, if you're doing work for your employer then that work belongs to your employer.

Lots of programmers hit this dilemma. If you want a separate career as a developer then it's safest to go into something that's totally divorced from your employer's area of business and to have set yourself up beforehand as a recognizably independent business entity.

On a more positive note. Does your boss want you to give the code to someone else or just to let someone else use it? If it's only to let someone else use it then build an MDE and tell your boss you'll need time to support this new user.

Geoff Franklin

http://www.alvechurchdata.co.uk

 

[Kjonnnn]

Your efforts are covered under the concept of work for hire. If push comes to shove, exclusive rights would more than likely go to the employer before you unless you have some type of agreement beforehand.

 

[L0NGH0RN]

I concur buddy, unfortunately, these goodies belong to the boss. It seems like a shabby thing for him to do, but try to look at it from his side as well. He feels this was done (even a portion of it) on his time and his dime. I've been there though, good luck with it.