Reply to post: Re: You only release once??

UK dev loses ownership claim on forensic software he said he wrote in spare time and licensed to employer

Cynic_999

Re: You only release once??

"

It says that as though that's relevant and implies that it's an indicator that he was doing this as part of his employment.

"

When the updates are on code that your company has been actively using for years, then yes, it is very good evidence that the updates form part of what you are employed to do.

The default position in the UK AFAIAA is that your employer owns the copyright to everything you create that is connected with the job you are employed to do. It does not have to be something that your employer specifically asked you to do, just connected in some way to what you are employed to work on (whether contractually or because you have done so without objection for some time). Whether you created it during your paid hours or in your spare time is completely irrelevant. This is one of the major differences between working as an employee and working as a contractor. The default position can be changed by clauses in your employment contract.

Had he been employed by that same company as a cleaner or accountant, he would probably have been able to claim ownership of the copyright even if he had sold the program to them.

POST COMMENT House rules

Not a member of The Register? Create a new account here.

  • Enter your comment

  • Add an icon

Anonymous cowards cannot choose their icon