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reynolds
28th August 2003, 21:24
If you are a permanent employee and produce a software system at work that is intended for use within the employing company, what rights to you have to the source code? Could you essentially build something at work and sell a 'slightly altered version' for your own profit in another market? Should this sort of thing be tied into a contract?

JS
28th August 2003, 21:38
In this situation you have no rights to the software whatsoever, the employer owns them all, there is no need for any contractual term - it is implicit in the state of being an employee.

That is why all contracts for contractors should have a clause assigning all rights to software or anything else created in the course of the contract to the client.

McBainCo
29th August 2003, 09:44
You have no right to the original version.

If you can prove that the modified version is different enough, then you will be fine.

The company owns the result of your effort whilst you were there.

You own your knowledge which you can deploy to re-build something else.

Software copyright is a minefield

reynolds
29th August 2003, 17:52
ok. i guess in the end it is how much money is made and how fundamental the software is to the company. how about a small version for the company and a much more modified at home version to market? i'd have to agree this is a big minefield.

problem I have with permie work is that software that is developed in house and is blatantly going to improve & add value to the business is stopped at design stage. too much fckin bureaucracy and hierarchy and bitchin to get any serious work done. bllocks to em.