tag:blogger.com,1999:blog-12505562.post3702146256460911618..comments2024-03-15T11:42:21.265-04:00Comments on The Patry Copyright Blog: Retroactive work for hire agreementsWilliam Patryhttp://www.blogger.com/profile/12987498082479617363noreply@blogger.comBlogger4125tag:blogger.com,1999:blog-12505562.post-58354591736089532502008-03-07T12:33:00.000-05:002008-03-07T12:33:00.000-05:00Regarding the above case in the comments....So, fo...Regarding the above case in the comments....<BR/><BR/>So, for (a simple) example, if one writes code as an independent contractor that...<BR/><BR/>1)Accesses a database and returns a list of employees.<BR/><BR/>2)Orders that list by name.<BR/><BR/>And then as an employee writes additional code that....<BR/><BR/>3)Prints the ordered employee list to a printer.<BR/><BR/>...then one owns the copyright for the code that performs 1 and 2 and the hiring company owns the copyright only to the code that prints the list (3) without 1 and 2?<BR/><BR/>Also, for the same case, what if, as an employee, one transfers the code written as an independent contractor to a software creation tool that belongs to the employer, does updates to the code on that tool, and then compiles the original code and the updates together into one program using that tool owned by the employer. <BR/><BR/>In your opinion, does that give the employer any right to the code created orignally by the independent contractor as an independent contractor? Does the employer have full copyright to all the code that was compiled to make that one program?<BR/><BR/>Are there any previous rulings you know of that address these particulars?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-12505562.post-48529382627681049132008-03-04T13:05:00.000-05:002008-03-04T13:05:00.000-05:00To anonymous:You would own the copyright in the or...To anonymous:<BR/><BR/>You would own the copyright in the original software, and the company would own the updates. However, without the underlying software, the updates are useless. The software with the updates is considered a "derivative work" of the original software and you have the right to make derivative works of your original software.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-12505562.post-72106163015290555222008-02-29T11:58:00.000-05:002008-02-29T11:58:00.000-05:00Situation: You create software as a self-employed...Situation: You create software as a self-employed independent contractor and later become an employee of the company using that software and you continue to update the same software for the company.<BR/><BR/>The company claims copyright and ownership of the software but without any permission or consent from you.<BR/><BR/>Does the law uphold the ownership and copyright of the software for you or the company in that case?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-12505562.post-24802421922679686312008-02-07T15:11:00.000-05:002008-02-07T15:11:00.000-05:00Isn't this just the product of poor drafting? Woul...Isn't this just the product of poor drafting? Wouldn't this have easily been dealt with by straightforward "assignment" language? <BR/><BR/>Most belt and suspenders clauses say (1) it's a work for hire; (2) if it's not, you hereby assign the copyright to us; (3) and if that doesn't work, you hereby give us a perpetual paid-up license. <BR/><BR/>I've always wondered whether #2 works -- a promise to assign, in advance of creation, if work for hire fails.Anonymousnoreply@blogger.com