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

I've asked quite a few questions about programmer's rights.  Please let me
wrap up with some of my own views.  On what rights should be.  Sorry for the
length of the post.

I think copyright law needs to be changed to place a higher value on
creativity.  I think there should be no distinction between employee and
independent contractor when it comes to copyrights.  In the absence of an
agreement to the contrary, the copyright should go to the literal author -
whoever that may be.  This change alone, would release a flood of creativity
unparalleled in recent history.  If someone pays for a work to be created,
they should have rights that are essentially equivalent to those of the
literal author.

Why do I feel strongly about this arguably radical idea?  Because, to me,
most software is not a set of plug-in components you buy off the shelf.  In
most cases, its not like building a house.  Great software does result from
a unique and special understanding the author has with his intended
audience.  In the process of writing a program, you can't find all your
answers in a book, magazine, or list.  Sometimes you must search deep into
your soul to discover the answer to a problem.  Sometimes the answer comes
through prayer, in the form of a revelation.  That's creativity!  Its hard
to put a price tag on!

But, I don't think this idea is only good for programmers, I also think its
good for employers.  Some of you have concerns that by sharing rights with
the programmer, the commercial value of the product will be diluted.  But
what I propose wouldn't change patent or trade secret law.  Also, consider
that programmers would only have rights to the expression within the modules
or components they were the original author of.  The real value is in the
collection or package - as a whole, not in the individual components.  Just
allow programmers rights to the parts they write - not the whole.

Douglas Handy posed a scenario of a failed commercial project.  Should the
employees give up their salaries?  My answer is - that's negotiable.  Based
on my experience, the underlying reason most projects fail is because
individuals don't have an ownership stake in the results.  Its too easy to
pass the buck.  It may not be right.  But it happens.  If you are going to
own what you create, you've definitely got a stake.  Less failed projects.
No excuses.

To be realistic, it may take another 75 years for copyright law to change.
If change is going to occur, its going to have to be in the individual
employment agreements and contracts people enter into.  My plea is that a
few of you will be open to the idea.

Thanks all.

Nathan M. Andelin




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