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

>    I would think that even if the law was changed so that a program
>author retained all the rights to whatever programs he wrote, the
>inevitable result would be that every company's employment agreement
>would require you to forgo those rights, or no job.

The problem is not a problem of authorship, but of attribution and derivitives.
I run into this problem all the time in writing articles containing code: The
code is not the expression, but the working system of information is.  A line of
code, no matter how elegantly written, is simply that.  However, a complete
information system that functions in a uniquely elegant manner can not be easily
dismissed. Nevertheless, the employer wants to owns the resulting work the
complete system -- needs to own it to do his business.  So writing a system is
structurally and systematically more akin to creating art or architecture than
to writing literature.  And, by analogy, what the artist wants and needs is
attribution and a halt to derivitives that do not provide attribution.

Attribution to a programmer means that his/her name appears with the work -- not
buried in the code, but available in help-text and "about" screens.  It allows
the value of the talent to be recognized by others who care about such things.
It strengthens the recognition of the individual talent, making it easier for
him/her to find other jobs, and increasing reputation and worth.  Halting
derivitives means that the ideas can't be pawned off piecemeal without providing
attribution.  That means the module that does amortization functions as a
complete entity, as a sub-package, with its own modular attributions.

The best way, in my opinion, to build attribution is to write *about* the system
in public places -- forums like this, or technical journals. User groups are
also good vehicles. Some feel that this is self-promotion and find it
distasteful, but it's really a part of managing your own career. By sharing the
"secrets" of your thought processes, you show your mastery.  I can only relate
my own experience: In 1982 I created a fermentation control system for the
Robert Mondavi Winery in California.  I was asked to write an article about it,
and that led to some recognition by my peers, which led to new opportunities,
consulting contracts, and some measure of a reputation. How effective is this?
The place where I live is about 5000 people large and the nearest "large" town
of 15K is 40 miles away.  But my meager influence in the community of
professionals is steadily grew larger, and now 100 % of my income comes from
outside that physical community, is completely "virtual", and I am constantly
busy with projects. A copyright would have done nothing for me: how many people
really want a wine fermentation control system? (Ok, some of us would!)  But
attribution to talent allows you to expand your reputation and broaden horizons:
new, more interesting projects come your way.  (Where copyrights or rights come
into play is when you publish: only sell first serial rights, or negotiate for
secondary and derivitive rights with publishers when you talk or write about
your work.)

It's the quality of thought that differentiates the tract-house from the Frank
Loyd Wrights of the world. (And god knows, I ain't drawing personal comparison
...Just showing how attribution works.) Everything inside is still brick,
mortor, and timber. But for FLWright, even a chair from one of is houses is
recognized as being attributed to him, and therfore valuable.  The trick is to
figure out how to get the attribution.

This debate about rights and copyrights for programmers has been going on for 25
years. It's a dead-end unless you go into business for yourself, or you change
your mind-set about what it is that you're creating.

Thomas M. Stockwell






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