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Q: Intelectual Property Rights on Contracted Developed Sofware ( No Answer,   4 Comments )
Question  
Subject: Intelectual Property Rights on Contracted Developed Sofware
Category: Computers > Programming
Asked by: harrytechie-ga
List Price: $10.00
Posted: 09 Aug 2005 14:43 PDT
Expires: 08 Sep 2005 14:43 PDT
Question ID: 553740
Hi Researchers.

I need to know what is the law regarding a Programmer who developed a
customized software for a company, while he was there on contract as a
self-employed person. There was no contract and no P/O he was just
working on request of the company and sent a time sheet with an
invoice and got paid by the hour, for the time spent at the customer.
Now the question is who owns the source code, the Customer/Company or
the individual who developed it.
The question is in Quebec Canada, but if you cannot find specifical
for canada, the US law will do.

I'll be giving a tip for the real answer.

Thans in advance.
Answer  
There is no answer at this time.

Comments  
Subject: Re: Intelectual Property Rights on Contracted Developed Sofware
From: ipfan-ga on 10 Aug 2005 08:59 PDT
 
There's a pretty good discussion of this issue under US law at
http://answers.google.com/answers/threadview?id=549456

Under US law, the programmer owns the copyright to the source code on
the facts you stated.
Subject: Re: Intelectual Property Rights on Contracted Developed Sofware
From: harrytechie-ga on 10 Aug 2005 14:57 PDT
 
Thanks for the link, can you show me a link the source of that law, so
i can dig in finding exactly my case, because in that thread it's an
LLC and not exactly the self employed freelancer like in my case.

Thanks 
Anyways
Subject: Re: Intelectual Property Rights on Contracted Developed Sofware
From: ipfan-ga on 10 Aug 2005 15:55 PDT
 
Doesn't matter--exactly the same analysis.  In your question you say
that there is a "company" and a "Programmer/self-employed freelancer."
  In the other question there was an "LLC" and a "developer."  These
are exactly the same roles under US law.  On your facts, the
self-employed freelancer owns the code--it doesn't matter if the
"company" is an LLC, a corporation, or your Aunt Gertrude.

That other question has links and law in it, so not sure what is missing . . .
Subject: Re: Intelectual Property Rights on Contracted Developed Sofware
From: ipfan-ga on 10 Aug 2005 15:57 PDT
 
Besides, you realize comments are free, right?

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