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

Nathan,

frankly the best reply is Standard IBM answer #32768: "It depends".

The area you're refering to is more or less what's called "rights in data"
and it all depends on what YOUR contract says and what rights they have to
convey.  Basically, we write a "rights in data" clause in our contracts
that allows us rights to some of the things we write...

Talk to a good attorney...

Don in DC

On Tue, 23 May 2000, Nathan M. Andelin wrote:

> 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.
> 
> If this is the case, I would still appreciate a private and confidential
> e-mail message to me.   nathanma@haaga.com
> 
> Thanks.
> 
> 
> 
> 
> 
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