Pardon me, I wasn't quite clear about what I meant by "in their employ". By that I mean that you are on the payroll, not a contract laborer. We had someone who worked for our radio station once delete 5 years of work he had done for us while on our payroll. Since he was producing a radio program for us he decided the work belonged to him, not us. However, we were the only radio station broadcasting that program. I believe he could have been prosecuted for that. We didn't pursue it however.
Bob On Nov 30, 2009, at 8:26 PM, Bruce Robertson wrote: > This is nowhere near as clearcut as you claim. > > If you hire somebody as a direct employee, your answer is correct. > > If you pay an outside developer to develop the software, even though it may > be to your design spec, the software IP is the property of the developer > unless explicitly declared otherwise in the written contract. > > IANAL and further explanation is required but this is the general concept, as > repeated in many many such discussions. > > > On Nov 30, 2009, at 8:07 PM, Bob Sneidar wrote: > >> My opinion (and the opinion of most courts) is that software you produce for >> someone while in their employ is their property. However, if you produce >> software and then market it openly, it is your property, and subject to all >> copyright laws that apply. >> >> I suppose the question comes down to that. Did you write the software under >> contract? If so, then I think it is their property and they can do whatever >> they want with it. But if you wrote it independently, and then marketed it >> to them then it is yours and any company that tried to replicate your work >> could be in danger of copyright infringement. >> >> Bob > > _______________________________________________ > use-revolution mailing list > [email protected] > Please visit this url to subscribe, unsubscribe and manage your subscription > preferences: > http://lists.runrev.com/mailman/listinfo/use-revolution _______________________________________________ use-revolution mailing list [email protected] Please visit this url to subscribe, unsubscribe and manage your subscription preferences: http://lists.runrev.com/mailman/listinfo/use-revolution
