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Posted: 11/21/2018 5:02:51 PM EDT
[#1]
What does your contract with the city say?
Generally, if you are an employee, your employer owns the file you create while working for them. If you are an independent contractor, it depends on the terms and conditions you were working under. There should have been a deliverables list associated with the contract or purchase order. The programming may or may not have been a deliverable. |
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Posted: 11/21/2018 5:42:46 PM EDT
[#2]
Quote HistoryQuoted:
What does your contract with the city say? Generally, if you are an employee, your employer owns the file you create while working for them. If you are an independent contractor, it depends on the terms and conditions you were working under. There should have been a deliverables list associated with the contract or purchase order. The programming may or may not have been a deliverable. |
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Posted: 11/21/2018 5:58:09 PM EDT
[#3]
What he said. That has been to court on numerous occasions and as far as I can recall it always seems to end up the same way. If you are a paid employee then the company owns the code unless you have a contract that explicitly reads differently.
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Posted: 11/21/2018 7:54:40 PM EDT
[#4]
Quote HistoryQuoted: /thread Unless you negotiated something different from the norm |
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Posted: 11/21/2018 8:14:58 PM EDT
[#5]
Quote HistoryQuoted: /end of thread. Unless you negotiated something different from the norm |
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Posted: 11/21/2018 8:47:27 PM EDT
[#6]
The contract is important.
You need a lawyer if the value of the work is more than you you are ready to give away for free. |
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Posted: 11/21/2018 9:10:53 PM EDT
[#7]
I understand the argument that my employer owns the code. I work for them, and they sold the programming to the customer.
The fact that the certification is mine, and not the company's (no other employee may use the software to create the code) is probably irrelevant. My issue is with the customer demanding that I give them the file that contains the programming. As far as I'm concerned, it's my (and my company's) intellectual property, much as a song belongs to the songwriter, and not the person singing it, unless rights are specifically ceded. |
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Posted: 11/22/2018 8:21:09 PM EDT
[#8]
Quote HistoryQuoted:
I understand the argument that my employer owns the code. I work for them, and they sold the programming to the customer. The fact that the certification is mine, and not the company's (no other employee may use the software to create the code) is probably irrelevant. My issue is with the customer demanding that I give them the file that contains the programming. As far as I'm concerned, it's my (and my company's) intellectual property, much as a song belongs to the songwriter, and not the person singing it, unless rights are specifically ceded. |
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Posted: 11/23/2018 7:31:52 AM EDT
[#9]
Quote HistoryQuoted: Unless the employer sold them the actual code, they have no right to demand the file that contains that code and they should not have rights to change the code unless they have something in writing that states that they do. Unless stipulated they should only be dealing with your employer and not you as the company sold the program they own and they are the only one that sets the stipulations of the sale, of course anytime a program I have wrote has been sold, the person I did it for consulted with me on what they were offering to their customer. |
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Posted: 11/23/2018 9:17:04 AM EDT
[#10]
Quote HistoryQuoted:
This is pretty much my take on the situation. Quote HistoryQuoted:
Quoted: Unless the employer sold them the actual code, they have no right to demand the file that contains that code and they should not have rights to change the code unless they have something in writing that states that they do. Unless stipulated they should only be dealing with your employer and not you as the company sold the program they own and they are the only one that sets the stipulations of the sale, of course anytime a program I have wrote has been sold, the person I did it for consulted with me on what they were offering to their customer. |
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Posted: 11/23/2018 11:26:53 AM EDT
[#11]
Quote HistoryQuoted: Yes- there should be a license agreement between your employer and the end user that lays out ownership. |
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Posted: 11/23/2018 11:34:16 AM EDT
[#12]
The wording you should look for in the contract is "Work for hire". If it was a "Work for hire" contract, they own the code. If they did not specify that your coding efforts were "Work for hire", then you own the code.
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Posted: 11/23/2018 11:57:03 PM EDT
[#13]
So... the city is not your employer. The city entered into a sales & service contract with ABC, Inc. to provide the touch panels, custom programming for them, installation, etc.
As an employee of ABC, Inc. you did the custom programming for the touch panels so you have access to the code. This is for the city and ABC, Inc. to fight over; the code is not yours to give away as ABC, Inc. owns it. |
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