Re: What are a programmer's rights to what he writes?

I have done extensive contract programming and solved the problem by
stating in writing in my contract that:

1.  Everything I develop is solely owned by the client. and
2.  I retain a non-exclusive royalty free license to use whatever I
developed in future jobs for other employers.
3.  If I bring a product (ie: toolkits, etc.) then that is solely owned by
me and my client has a non-exclusive royalty free license to use it but
cannot sell it without my permission.

Consider that I did not come to the job with zero skills (why would I be
hired in the first place if that were so?) and that I will leave with those
skills intact plus the ones I learn on the job.

Jerry

At 11:15 AM 5/23/2000 -0400, you wrote:
>The past two employers had me sign a contract stating that anything I
created was the property of the employer.  In fact, I was 'asked' not to
publish an article because they were afraid I'd give away some of 'my' code.
>- Jo Ann
>----- Forwarded by JoAnn Burelle/Bigy on 05/23/2000 11:13 AM -----
>
>       MIME:nathanma@haaga.com
>05/23/2000 11:07 AM
>               
>       To:     MIDRANGE-L@midrange.com @ INTERNET
>       cc:     (bcc: JoAnn Burelle/Bigy)
>       Subject:        What are a programmer's rights to what he writes?
>
>Is it illegal for a programmer to use source code he was employed to write?
>Is it unethical?  For example, should a programmer be able show some of his
>past source code to a prospective future employer?
>
>One of the people on this list express his opinion last week that it was
>both illegal and unethical.
>
>My question is what rights do programmers have to their works?  And, in your
>opinion, what rights should a programmer have?
>
>Actually, I was forced to defend myself not long ago in Federal court in a
>copyright case.  So, I gained some strong feelings about this issue - as
>well as a clearer understanding of the law.
>
>I feel this question is appropriate for the people on this list because it
>affects so many of us.  In asking, however, I have two fears.  The first is
>apathy - most of you have probably never needed to assert yourselves on this
>issue.  Second, some of you may feel uncomfortable sharing your opinion in a
>public forum.  For example, an employer who is highly dependent on a skilled
>programmer may not want to risk offending his employee by asserting that the
>employee should have no rights to his work.  On the other hand, an employee
>may not want to offend an employer, or may feel uncomfortable saying he
>ought to have rights even though the law does not support that view.
>


Jerry Draper, Trilobyte Software Systems, since 1976
Specializing in connecting PC's, Windows, MAC's, and LAN's to the AS/400
Representing Synapse, Apple, UDS, Nlynx, Perle, Lucent, etc.
(415) 457-3431; (415) 258-1658fax; jdraper@wco.com
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