Law on ownership of software / licensing 1

[MHUK]

Hi
What is the law on ownership of software? I am about to develop a piece of software for a company I work for which I am planning on being generic so I could possible sell or license to other companies in the future? However the ‘generic’ software I develop will be adapted to meet the needs of each business differently, so effectively it will be slightly different or bespoke with each company. Do I have to licence the software in order to prevent the company I work for from owning it instead of me? Or because it will be bespoke according to what each company’s requirements are will there be no need to licence my software? How do I license a piece of software I develop?

Any clarification on the law of software development and ownership and how licensing works will be greatly appreciated? Does who ever hold the licence for the software own the software?

Thank you very much for any help.

 

[LesleyW]

MHUK, see the discussion on this thread as it seems relevant to your situation

thread654-458837

 

[Craig0201]

"I am about to develop a piece of software for a company I work for" implies you have no rights to it at all. It is the property of the employer.

It is standard to sign over IP when signing a contract of employment.

Craig

 

[sleipnir214]

The gist of the other thread agrees with Craig0201.

However, it does not have to be specified in an employment contract. The law (at least as I understand it in the U.S. and the U.K.) is pretty clear on the fact that if a company employs you to program, then by default the employer is the owner of all code you write.
Want the best answers? Ask the best questions:

http://www.catb.org/~esr/faqs/smart-questions.html

TANSTAAFL!

 

[sleipnir214]

Correct. Amend that last sentence to read, "owner of all code you write for them".

Some employment contracts specify that any intellectual property you create, whether on the clock or not or even relating to the business interests of the company, belongs to the company. Want the best answers? Ask the best questions:

http://www.catb.org/~esr/faqs/smart-questions.html

TANSTAAFL!

 

[Kjonnnn]

The concept is the same for writers. We use to hire writers for stories and articles. But those were "Works for Hire" and whatever the writer wrote was ours (the company).

Works Made for Hire

http://profs.lp.findlaw.com/copyown/copyown_2.html

Ownership of Copyrightable Software

http://www.techtransfer.harvard.edu/News99_Owner.html

Consulting Contracts - Software Issues

http://www.realrates.com/contract.htm

Who Owns What?

http://www.utsystem.edu/ogc/intellectualproperty/whowns.htm

Ownership of Copyrights

http://profs.lp.findlaw.com/copyown/index.html

 

[sleipnir214]

Kjonnnn:

I don't know about anyone else, but I'll give you a star for that answer. Want the best answers? Ask the best questions:

http://www.catb.org/~esr/faqs/smart-questions.html

TANSTAAFL!

 

[Kjonnnn]

Just helping when I can.

 

[Kjonnnn]

See if you had developed your code BEFORE you starting working for them ... you could have licensed them to use it.

 

[KornGeek]

Bear in mind, they are paying you as you develop the software. Your salary is their way of purchasing the rights to the software.

I disagree with companies claiming ownership to things you do off the clock, not using company equipment, and not pertaining to their business. Actually, while I have seen this in writing, I have yet to even hear of a case where it was enforced. I'm guessing that they mostly put it in to protect themselves, just in case.

 

[MHUK]

Thanks for all your replies. Really helpful.

I can see that the software I develop for my company that I work for will belong to them as they are paying me to develop it. However the software is going to be bespoke, purely adapted to their needs.

In the future would I be able to create a generic piece of code, based partly on the software I am developing for my company now? I would create this generic softare myself, at home. Only the basic 'stems' of my generic software would resemble the bespoke software I am developing for my company. However I can change the basic fundamental code so that it doesn't resemble the code for my company but does the same thing - would this allow me to use it in the future?

If I am to license a piece of software how do I go about doing it?

Thank you for any help.

MHUK

 

[Craig0201]

No. You would be taking their intellectual property to allow you to do this. You would have gained the knowledge necessary to write from them hence they still own the ideas and concepts.

Craig

 

[Puterer]

Don't entirely agree with you there Craig,

First you must read your contract and if no mention is made of off the clock activities:

There is nothing new under the sun, and this is also true of programming. Almost everything is a bit like something else, or 'based partly on...'

Obviously what you produce on your employer's time using his resources belongs to him. Spotting a good idea and, in your own time, developing it into something else makes it your own product. INMHO

K.

 

[Kjonnnn]

You'll have to defend yourself against that accusations by the company. If you do that, specify in writing about off the clock work you want to be yours.

The concept is like when you're selling your house. Once you sign with a broker to sell, they get the commission whether they sold the house, or YOU find a buyer on your own. It was sold during the term of your agreement with them.