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who owns the code

         

neonpie

11:23 am on Oct 29, 2007 (gmt 0)

10+ Year Member



If someone has worked for a company working on a project for a client and then left that company, who has ownership over the code on that project?

if that person was to then re-use that project without permission of the company. is there any case for break of copyright or something?

glengara

11:45 am on Oct 29, 2007 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



Reads to me like copyright resides with the employer....

Jack_Hughes

11:58 am on Oct 29, 2007 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



I'd be amazed if the copyright resided with the programmer especially if the programmer was in employment.

neonpie

12:03 pm on Oct 29, 2007 (gmt 0)

10+ Year Member



thats what i thought, but this guy gives such a convincing argument you start to believe him.

thanks for clarifying this for me.

limoshawn

1:08 pm on Oct 29, 2007 (gmt 0)

10+ Year Member



If someone has worked for a company working on a project for a client

Seems to me that the code or "work" would belong to the "client" that hired the company with the employee to create the "work". Unless of course some other agreement was made before hand.

Marcia

1:18 pm on Oct 29, 2007 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



There's a BIG difference between someone being an employee of a company, doing the work on a "work for hire" agreement, or as an independent contractor.

Employees' code generally belongs to their employers.

Independent contractors are not employed and they aren't employees. Who owns the code in that case depends on what's been agreed upon and/or what's in a contract. Rights stay with the creators generally, unless specifically given to or turned over another party - that's where creative like graphics, artwork, design or writing type products are concerned.

glengara

1:40 pm on Oct 29, 2007 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



While M is quite correct I'm a bit surprised at how many sites claim copyright, I somehow doubt they've all had copyright assigned to them by their designers....

aspdaddy

7:29 pm on Oct 29, 2007 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



I think those sites are just claiming copyright of the presentation. I think code is covered by IPR, not copyright, which would pass from the contractor to client on payment unless stated otherwise in a contract...normally :)