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

["Robert Bergstrom" <rbergst@xxxxxxxxxxx>]

Unfortunately, now we are splitting hairs, because depending upon the 
business structure of the independent consultant(1099, Incorporated, etc.) 
based on legal guidelines he could be declared an employee by the 
government(which opens a whole new can of worms), in which case the rights 
to all his development would technically revert to the now employer.

The precedent in case law is clear, without a written contract to the 
contrary in an employer/employee relationship the employer retains all 
rights to patents, copyrights, and work product.  In an independent 
relationship(Corporation/Consultant) the consultant/consulting firm retains 
the rights.   Now this can vary from jurisdiction, but this is the norm.


Bob Bergstrom
Technology Solutions Inc.
Perrysburg, OH 43551

Phone: (419)666-7190
       (888)366-8911
FAX:   (419)666-7199

email: rbergst@teksol.com
url:   http://www.teksol.com


>Hi Jim,
>
>Thanks for your comments.  I need to respond to your analogy of a
>corporation.  I think if you look into copyright law a little deeper you
>will find that a person being part of a corporation (or any other type of
>entity) has nothing to do with it.  Instead the law only considers the
>existence of an employer-employee (master-servant) relationship.
>
>An employer-employee relationship can exist between 2 individuals, for
>example, no corporation or any other entity involved.
>
>It is a good point, however, that a person being part of a collective does
>shape attitudes about what is fair and appropriate, or not.
>
>What about a situation where an independent contractor has only one 
>customer
>(a corporation) and has a contract that keeps him busy full time for 30
>years with that customer.  This sounds a lot like employment.  But, if no
>master-servant relationship exists, then the copyrights belong to the
>contractor.
>
>
>Nathan M. Andelin
>
>
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