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Question for the Attornies...Particularly IP
Posted on 5/5/10 at 8:36 pm
Posted on 5/5/10 at 8:36 pm
Situation...a software company contracts to write code for a company that is specific to their business. They are basically paid hourly for their services, and the resultant code isn't useful outside of their business. None of the code existed before this project.
Nothing in the contract stipulated who owned the source code.
Now that they are parting ways, the client wants the code, but the contractor says it belongs to him. How might this work out in court?
As a software provider I've worked both ways. I've developed systems that I've licensed, but they have been specific purpose programs that I could sell to multiple clients. I considered this mine. I've also worked on a project basis to develop systems specifically for a client, I've considered that code theirs.
Nothing in the contract stipulated who owned the source code.
Now that they are parting ways, the client wants the code, but the contractor says it belongs to him. How might this work out in court?
As a software provider I've worked both ways. I've developed systems that I've licensed, but they have been specific purpose programs that I could sell to multiple clients. I considered this mine. I've also worked on a project basis to develop systems specifically for a client, I've considered that code theirs.
3
Posted on 5/5/10 at 8:53 pm to ForeLSU
I can't help answer your question but this is going to be interesting! I hope someone answers you.
Posted on 5/5/10 at 9:25 pm to ForeLSU
Absent a copyright by the client, or other contractual specification, I wouldn't think the client has any rights whatsoever in the code. A copyright, as opposed to a patent, would govern the code itself. Patents extend to the idea (i.e. the product for sale or the actual software itself) while a copyright would extend to the particular form in which the idea is expressed (i.e. the actual code itself). I don't know what kind of company would be clueless enough not to apply for a copyright in this situation, but absent one, they don't have much of a claim at all.
I'd think a trade secret would accomplish the same goal as a copyright, but it still wouldn't be as strong as a copyright, and still wouldn't protect against reverse engineering, etc.
This is not legal advice.
I'd think a trade secret would accomplish the same goal as a copyright, but it still wouldn't be as strong as a copyright, and still wouldn't protect against reverse engineering, etc.
This is not legal advice.
This post was edited on 5/5/10 at 9:43 pm
Posted on 5/6/10 at 10:48 am to ForeLSU
quote:
company contracts
Well what is in the contract? Normally this is spelled out clearly.
I know when we contract a programmer we own all of his code as we are paying for his programming. It is spelled out when we hire one on. I know in most jobs I have held as well the intellecutual rights of anything I do while on the job belongs to my company as well. Now if the person is a vendor though its generally spelled out in the contract what we do have access to and in many cases we have a program and no access to their code.
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