Ownership Question?
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- esko
I've never really done too much programming for other people and am spending about a year creating a large application for an electrical contractor.
My question is when I finish this application can I sell it? From what I hear there are other companies attempting to do what I'm doing right now and that many more are willing to pay good money for it.
If I can't can I just make it look different and say I recoded it? Or could I add some features or something? Should I get something signed that says I am also able to use the code?
Thanks.
- esko0
I am currently on payroll, but there is talk of changing that so I am consulting/freelancing/etc.
- mitsu0
if you did all of the work on the clock, it's legally theirs, code and all.
however, i don't know how much water that would hold if you could prove you built the app on technology you borrowed from your own personal library at home...
- esko0
^
- Mick0
The little man rarely wins when he's employed while doing the work for his company.
They pay you wages for your skills, wherever you get your skills from is really seen as a valid point.
- sp0
i have delt with this before.
it depends on many many factors.
for example: does it state in your contract with them, as a full time employee do they retain ownership of work? some don't think about this as policy, due to lack of knowledge, and you can claim that it's your software. note: most do include it in the company policy though.
did you sign an nda?
did you work on it from home, with personal equipment and libs?
is the software itself proprietary? does it only work for and with the company you developed it for?
do they have a, or plan to, patent it?
etc etc.
while at my previous employer, i worked on a proprietary technology for their product. a combo of firmware, hardware and software to act as the controlling system for the product (the product being hvac equipment).
the little boxes that control temp, humidity, etc in building environment systems...they have a user interface that relies on the firmware for operation. we wrote custom systems, using xml for the ui elements..bla bla...
anyway - the point being...we wrote it in-house, wrote it as proprietary software, the company requested patents for it...and so on - so the product can't be used by anyone else, due to the development characteristics, and they respectfully own all parts.
now, with my knowledge of the development though, i could turn around and write a similar application as open-source or something like that, as long as it wasn't the same as the proprietary one i developed as an employee.
taking the existing source you've been working on and trying to re-sell it to other people would probably violate an agreement with the company - but, creating a brand new "similar" app - outside the bounds of patented technologies would be legal.
:)
it might still raise feathers, but i doubt they could seriously harm you.
- esko0
When I first got here they didn't even know if what they were asking for was possible and I'm starting to prove to them that what they want is well within reach.
I haven't signed anything, I hardly even filled out an application.
This application could very easily be used in an Electrical Contractor setting, and possibly modified for other business (most likely construction) if need be.
I havent worked from home on it yet, but I should be able to in the next month or so.
I'm not sure if they plan to patent it, if so I'm guessing I'm pretty screwed.
I think I may have to tap dance with the idea of creating something similar for other companies and customizing it to their individual needs.
Thanks.
- sp0
wait!! you haven't signed anything?
not even employee handbook confirmation or something like that?
you might just be able to get buy with calling it yours if that's the case.
:)
make sure to burn a copy of all the source code and keep it at your house.
uploading it to a personal server after a days work is a good idea as well.
- esko0
Nice, thanks.
I was hoping that was the case. So what is it exactly that I was supposed to sign so I can make sure I don't sign one :)
- sp0
in some cases, if you don't sign, you may not get paid...etc.
but you want to watch for contracts that remove your intellectual property rights and watch for harsh nda's.
when i started work for the company, i had to sign the employee contract - that all employee's sign, from the janitor to the executives.
it's basic corporate policy - anything you do on office equipment is property of the office - at the choice of the executive office.
meaning, that if you create a birthday card for your mother on a workstation in the office, it's their property but they're not going to sue you over it...but if you write a software project, and they determine it's usefull to the company, it is theirs and can sue you if you ever try to market it without their permission.
this is why you never ever do personal work on a company workstation. bring a laptop if you want to do that - and be a bit more sneaky about it.
you might want to approach them with your own contract. since they are going to make you a consutlant soon anyway, it might be in your best interest to negotiate that now.
this way, you both are clear on property rights and usage of the product.