Re: Ownership of work?

["Brad Jensen" <brad@xxxxxxxxxxx>]

> Folks:
>
> Who owns the work?
>
> Obviously, if programming is done on an employers time, using
employers
> resources (hardware, office space, software, etc), they own the
code.
>
> However ... what if a programmer does work on his own time,
using his own
> resources (say, an account on Netshare400) ... but it's code ...
does the
> employer have any claim on the resultant code?
>
> A friend of mine is encountering this type of situation ... he
was
> presented with a new employment contract that states "Any
software
> developed while employed by xyz corp is the sole property of xyz
corp" (or
> something to that effect).

This is something I have been concerned with on both sides of the
transaction, as a consultant and later as a software house.

Normally, if you are an employee, particularly a salaried instead
of hourly employee, whatever you write (including writers who are
not programmers) is considered a work for hire, and belongs to
your employer, if they can show any connection whatsoever to your
work. The theory is that a salaried employee is paid for their
talents, and an hourly employee for their time (roughly.) This is
the way the courts lean, unless you have an employment contract
specifically stating your ownership of your efforts.

If you are a consultant, work you do for a company is considered
to be yours, unless the company has a specific contract where you
grant them ownership of the code.

I remember a bunch of discussion of this in the press in the early
and mid 1980s.

What they are asking him to sign is probably a little extreme,
especially if they think to own code he writes for the internet in
VB, and he programs at work in RPG, for example.

He might negotiate by offering to sign a nondisclosure, and that
the ownership of programs developed on company time or premises
belong to them, recreational programming on his own time belongs
to him.

If it comes to a head, quit and let them hire him back as a
consultant. He will make more money and everyone can be happy. It
seems to me that most programmers of any quality that have a
history with a company are more valuable than their salaries
indicate. I'm not suggesting that he start playing hardball, but
asking, what is this contract supposed to accomplish, and can we
reach this goal with a more specific and limited agreement? seems
top make sense to me.

Brad Jensen
Elstore.com  NLS/400 is coming soon.....