Monday, September 22, 2014

Software Developer rights of ownershipI've been doing hourly contract work for an businessman over the past 5 years and the project has bee...

Question

Software Developer rights of ownership

I've been doing hourly contract work for an businessman over the past 5 years and the project has been so successful that, with some modifications done by me, he is able to offer it on a subscription basis to others. In the beginning, we had verbally agreed that the code was his, but now that he's licensing it to others, I wonder if I have any ownership or control of it.



Answer

Re: Software Developer rights of ownership

No, you are not entitled to any part of whatever your employer makes from licensing the software. The legal rule here that applies is that you have created a "work for hire" and all intellectual property rights belong to the employer.



Answer

Re: Software Developer rights of ownership

In the absence of a written agreement, you have a good argument that you own the code.

Has he been sending you 1099s or W-2s?



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