1. It is not true, they get a cut forever. Even US "mickey mouse" (*)
law has deadline for that.
2. It is not true that *all* the actors get a cut. They can sell their
right. Even a priori. The only thing which is non-transferable is the
name of the actor or book author. That's what I know from lecture of
polish IP law, but I think US law is quite similar here.
3. I'm aware of application programmers paid in similar way. However it
is exception, not the rule. And usually they are paid "in futures",
because the startup cannot afford regular salary.
4. I did NOT say what approach is good one.
My opinion: none. Really. I see nothing bad with getting a cut and
nothing bad with being paid as regular employee, without any future
royalties. Oh, I see some cons for royalties: the accounting could be
complicated - or rather complicated to nightmare. However IMHO it should
be free agreement of both parties.
Trivia: some accountants try to pay polish application programmers as
creators. The trick is not about additional money, but less taxes.
However I heard lawyers opinion saying it is very risky approach. Note:
I mean application programmers working for some large financial
corporation which do not sell any software - so the application is for
their internal use. YMMV.
(*) the term "mickey mouse law" was taken from Lawrence Lessig's book
titled Free Culture. Very interesting book, but focused on culture, not
IT. And available for free.
--
Radoslaw Skorupka
Lodz, Poland
W dniu 06.12.2023 o 21:48, Doug Fuerst pisze:
Just an observation.
Actors are paid for their work as well. Many are paid millions to make
a film. Why do they then get a cut from every viewing of the film?
They were paid. Quite well. But they get a cut forever.
Just does not seem fair, or equitable.
Doug Fuerst
------ Original Message ------
From "Radoslaw Skorupka" <[email protected]>
To [email protected]
Date 12/6/2023 15:11:57 PM
Subject Re: Assembler programmer wanted
W dniu 05.12.2023 o 19:31, Harry Wahl pisze:
I have designed and written many things. The vast majority of which
entitles me to no royalties or commissions. This is because any
competent practitioner could have created the same (or similar) thing.
That's how application programmers work. They are paid for their job.
Not only IT - the same apply to any engineers designing new
buildings, bridges, machines, engines, etc.
However, there are a very few things I have designed or written that
merited recognition as "intellectual property" and subsequently
worth significant, special, negotiated compensation. Very significant.
Yes and no. Even your very significant thing you designed can be
sold. It can be expensive, but it is subject of trade.
Last, but not least: You can sell anything you created, like
(fictitious case) Edison who sold his light bulb. But maybe the
contract was signed a priori - you work for Edison firm, developing
the source of light.
Something to keep the discussion on topic somehow related to IBM-MAIN:
Last two weeks I've got a lot of job offerings for assembler coding
position. I don't know the company, but headhunters said the job
office is located in Warsaw (although most of the time the job is
remote).
I don't know how much do they pay, because I gently refused. However
other job proposals in EU (mainframe) are usually at 40-60 €/hour
level. What's not funny, the companies located in Poland pay less
than foreign ones. Fortunately nowadays neither remote job is a
problem, nor EU borders are.
-- Radoslaw Skorupka
Lodz, Poland
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