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

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.

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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