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

["Nathan M. Andelin" <nathanma@xxxxxxxxx>]

<Don Schenck>
I am self-employed. I MAKE SURE up front via contract as to WHO owns WHAT.
It IS important.
<End Snip>

Very good advise!

A follow up would be that some rights are created by contract, but other
rights are created by statute.  Also, since you are self employed it might
help some list subscribers to understand how the law treats employees
differently.

Normally, an author holds exclusive rights to his works.  And, those rights
come into existence the very moment his original expression is fixed in a
tangible form, such as written in a program editor, or on paper.  Some
people have the mis-conception that copyrights are created by registering
their work at the copyright office.

The one exception to this, is for works that are created by an employee and
are within the scope of employment.  In that case, the exclusive rights
belong to the employer.  Part of the reason for this is because under common
law the employer-employee relationship is characterized as a master-servant
relationship.  The servant does the work, the master owns the property.
Does this sound a little like slavery?

In contrast, independent contractors are considered the original owners of
their works under copyright law.  If you pay an independent contractor to
create something for you, you had better have him transfer some of his
rights to you.  Under copyright law, this transfer must be made in writing.

But, in raising this topic, I'm also very much interested in peoples
attitudes and values.  What's important to them?  For example, when you
negotiate a contract what is important to you?

Nathan M. Andelin


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