If there is another forum where this would be more appropriately posted please let me know.
I am working as an independent contractor under an annually renewing services contract. I do all the IT work for this company which involves machine configuration, network configuration and security, software implementation and modification, report modification, data analysis, etc. There are several companies here... retail food, retail book, cafe, world wide mail order catalog business, and a product manufacturing department. I have developed an application for the manufacturing element of the business. This was done because I saw a customized application geared to the exact needs of the operation being more functionally acceptable and user friendly than a canned product which might be inexpensive but lacking in some areas or overpriced and only being used to a small percentage of its capabiliites. I am very independent in my job responsibilities (don't really have a hands on supervisor) and while management knew what I was doing, it wasn't done at someone's specific request. All this work was done while on company time and I have been paid accordingly. As it turns out, the application is being used very effectively by the manufacturing lab, and as it turns out, the program is the basis for what could become a very marketable software application. My question is this. There is no language in my services contract which deals with this situation. I just want to know whether I have the right to further develop and market this software on my own and retain all revenue with no legal obligation to my contracted employer pertaining to software ownership (they were paying me while I developed it for their use, at least to this point)? Thanks for any info!
I am working as an independent contractor under an annually renewing services contract. I do all the IT work for this company which involves machine configuration, network configuration and security, software implementation and modification, report modification, data analysis, etc. There are several companies here... retail food, retail book, cafe, world wide mail order catalog business, and a product manufacturing department. I have developed an application for the manufacturing element of the business. This was done because I saw a customized application geared to the exact needs of the operation being more functionally acceptable and user friendly than a canned product which might be inexpensive but lacking in some areas or overpriced and only being used to a small percentage of its capabiliites. I am very independent in my job responsibilities (don't really have a hands on supervisor) and while management knew what I was doing, it wasn't done at someone's specific request. All this work was done while on company time and I have been paid accordingly. As it turns out, the application is being used very effectively by the manufacturing lab, and as it turns out, the program is the basis for what could become a very marketable software application. My question is this. There is no language in my services contract which deals with this situation. I just want to know whether I have the right to further develop and market this software on my own and retain all revenue with no legal obligation to my contracted employer pertaining to software ownership (they were paying me while I developed it for their use, at least to this point)? Thanks for any info!