Does programmers have a right to keep their source codes and only ...

[lousueyesh]

Hi all,

I wonder if someone can tell me whether the programmer has a right to keep their source code and only deliver the finished application to the company he works for if he did not sign any contract to hand over all source codes when hired ???

 

[Kozusnik]

How 'bout this one...

I work for a company, they pay me for a job which has nothing to do with the application I write at home.

I give the company my home-spun software. They use it...they do not own it. They never asked for it, it was a gift. I was not paid to create it. (In my case, it's OSS so it doesn't much matter.) But my point is, in that case. I own the software. Agreed?

Mark

 

[sleipnir214]

it was a gift

It depends. What, exactly, did you give them?

Want the best answers? Ask the best questions!

TANSTAAFL!!

 

[fredericofonseca]

Mark,

According to many countries, unless your contract specifically states that you are allowed to develop software on your one, or to conduct other activities that do not clash with your employment, then all you develop will be your employer property.


I work on the computer industry and ALL my contracts state very clearly that I develop outside my current employee, and that all IP belongs to me EVEN if I supply then with that code. IF and WHEN I do supply them with my own code most of the times it is common code that has no much point in having IP. if it does I normally sell a copy of the sources and the rights to use it, but not the rights to register or claim the code as their own, nor the right to publish it.

So don't assume anything unless it is very clear on your contract or if the specific laws on your county/country state that companies are not entitled to that type of work "benefits".





Regards

Frederico Fonseca
SysSoft Integrated Ltd

http://www.syssoft-int.com

 

[ChrisHunt]

I give the company my home-spun software.

If you gave it to them, it's theirs. That doesn't mean that it isn't yours too - but if, say, they wanted to sell it to third parties in competition with you, and/or not pay you a royalty or comission, tough. Be careful what you give to people, and get any terms in writing.

According to many countries, unless your contract specifically states that you are allowed to develop software on your one, or to conduct other activities that do not clash with your employment, then all you develop will be your employer property

IANAL, but that seems unlikely. The default situation is (I think) that intellectual property belongs to the creator. Your contract of employment will modify that, and it could state that everything you write at any time belongs to your employer. If you sign such a contract, more fool you.


-- Chris Hunt
Webmaster & Tragedian
Extra Connections Ltd

 

[Kozusnik]

I work for a hospital...so we don't sell software (IP infringement asside). I don't have an actual contract for software development.

What I gave them recently was a web-based helpdesk application. I could never sell it due to the fact that it was designed specifically according to our workflow. If I leave my job, the software will stay. However, there is nothing stopping me from taking my source code, modifying it, and using it with my next employer. Like I said, it's OSS, so mostly a moot point.

Thanks for the responses, it will give me something to look for if they ever try to pass a contract my way.

Mark