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

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

In many cases, the need for a programmer to retain rights to his work can
not be predicted.  Consider a couple of scenarios:

a.    A highly creative programmer develops a product within the scope of
his employment which soon becomes a commercial success.  Annual revenues
from the software are ten times the amount the company paid the programmer.
The programmer approaches the guy at the top of the company about a raise
which is consistent with the value of his work.  The guy at the top refuses.
Adding insult to injury, the guy at the top has just built himself a bigger
house and is driving a new BMW.  What can the programmer do?

b.  A programmer, while working within the scope of his employment comes up
with a great idea that would greatly benefit his employer.  In fact, the
idea is perfectly applicable to his current assignment.  One problem - the
idea also has terrific commercial potential.  The programmer realizes that
if develops the idea on his own time and with his own resources he will own
it.  So, the programmer decides to develop an inferior solution for his
employer while he develops the superior solution on his own.  A potential
for conflict?

c.  The programmer in scenario (a) is disgusted with the lack of fairness in
his employment.  He would like to quit and become an independent contractor
so he can hold rights to his work, but he lacks the financial resources
required to start his own business.  He finally decides that his current
employment is his best option at the moment.  But, the quantity, quality and
creativity in his work declines.  A lose-lose scenario?



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