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

[nina jones <ddi@xxxxxxxxxxxxxxxxx>]

> But the huge disparity between what the law provides employees vs.
> independent contractors is a puzzle to me.  The law provides independent
> contractors with all rights, even though they may be paid for their work.
> On the other hand, employees who create works within the scope of their
> employment have no rights to their creations.
> 
> One of the ironies of this is that, in practice, there are many similarities
> between employees and independent contractors.  Employees are probably just
> as educated and skilled.  An independent contractor and an employee may be
> working along side each other, using the same tools, etc.  and you might not
> be able to tell the difference?


i've been watching this thread from my laptop, out of town, using an aol
connection instead of my regular isp, so i haven't been able to
respond.  but it's been interesting reading!

now i'm back home, after a very bumpy flight from salt lake city...

employees - you are provided with benefits, vacations, sick days, etc. 
also, (in most cases), your employer pays for your education, seminars,
magazines.  they also contribute to your social security, and in some
cases, your retirement.  you have a job and a paycheck thru thick and
thin.

contractors (in theory) come to the table with all of these skills in
place.  if they go to a seminar, it's at their expense.  there's no sick
pay, vacation, retirement, etc.  you don't read trade magazines on the
job.  when the crunch is over, you're out of there until the next one.

i've seen threads about growing your own programmers from employees, but
no one takes on a contractor to train!  at least, knowingly.

if you are hired as a contractor to modify the company's existing
software, then it's not yours.  you didn't write it to begin with.  and
normally the company has specific ideas on what they want done.  (the
work for hire concept)

but if you are brought in for your expertise, either to develop an
application, or to support software you provided, then it's yours.

you see ads for employees that have certain job skills (ie experience
using a certain tool or application) but you don't see ads for employees
to provide a solution or a package.    


nj
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