Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie

Copyright

Options
  • 21-09-2016 10:09pm
    #1
    Closed Accounts Posts: 675 ✭✭✭


    Amateur here...

    If I was to develop a piece of software for a company, that included the company logo - who would own the copyright to the software, me or the company?


Comments

  • Registered Users Posts: 1,463 ✭✭✭Anesthetize


    The company. It's what they're paying you to do.


  • Registered Users Posts: 7,410 ✭✭✭jmcc


    Read the contract and consult a lawyer. You may not get a legally reliable opinion on the forum.

    Regards...jmcc


  • Registered Users Posts: 7,501 ✭✭✭BrokenArrows


    It you are contracted to write some software the contract should clearly state two owns:

    1. The compiled software.
    2. The code.

    If you want to write code for a company but retain the rights to the software and code then this must be specified in the contract.

    If you dont have any contract stating these conditions then i dont know what the legal standpoint is. I would assume that the company will own everything.


  • Closed Accounts Posts: 675 ✭✭✭Dr.Sanchez


    Thanks for the replies. Maybe I should elaborate a bit more on my situation...

    I work for a training company as an Instructor... nothing to do with writing software. However - I did manage to write some simulator software in both my own time, and at a few hours here and there whilst at work. My workplace likes the software and now wants to use it in other training centres all over the world.

    My contract doesn't say anything about writing software as its nothing to do with my normal daily duties. It was just something I did in my spare time.


  • Registered Users Posts: 7,501 ✭✭✭BrokenArrows


    Dr.Sanchez wrote: »
    Thanks for the replies. Maybe I should elaborate a bit more on my situation...

    I work for a training company as an Instructor... nothing to do with writing software. However - I did manage to write some simulator software in both my own time, and at a few hours here and there whilst at work. My workplace likes the software and now wants to use it in other training centres all over the world.

    My contract doesn't say anything about writing software as its nothing to do with my normal daily duties. It was just something I did in my spare time.

    First thing i would do is tell your employer that the software was created by you and for your own use teaching your own class.
    If the company wants to use this software around the world you want them to pay you a fee per location per year (Or whatever you think is fair)

    If they disagree then you are likely to require a lawyer as if your contract doesnt state anything, but you partially created the app while at work which confuses things.


  • Advertisement
  • Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    Dr.Sanchez wrote: »
    It was just something I did in my spare time.

    and by your own admission in some of your works spare time. You could find it difficult to argue you own the product outright.

    You really need to take proper legal advice and/or try to reach a compromise with your employer.


  • Registered Users Posts: 1,717 ✭✭✭Raging_Ninja


    Usually a contract would specify who owns software that is produced be a developer, but yours doesn't. It sounds like you did develop a portion of the software using company resources and during your working hours - normally that would confer some level of ownership on the software.

    Either way, talk to a solicitor who deals with IP and try to get as much out of it as possiblet.


  • Registered Users Posts: 6,252 ✭✭✭Buford T Justice


    Dr.Sanchez wrote: »
    Thanks for the replies. Maybe I should elaborate a bit more on my situation...

    I work for a training company as an Instructor... nothing to do with writing software. However - I did manage to write some simulator software in both my own time, and at a few hours here and there whilst at work. My workplace likes the software and now wants to use it in other training centres all over the world.

    My contract doesn't say anything about writing software as its nothing to do with my normal daily duties. It was just something I did in my spare time.

    If part of it was written on company time and they're aware of it, then they can claim an ownership of it.


  • Closed Accounts Posts: 675 ✭✭✭Dr.Sanchez


    Thanks again for the replies. I guess I could use it as an excuse to ask for a salary raise - for the extra duty of up keeping it, as I could also develop more scenarios for use in the simulator and push out the updates to other centres.

    I would imagine that hiring a professional to do this would cost a hell of a lot more than what I'm being paid.


  • Registered Users Posts: 8,800 ✭✭✭Senna


    Dr.Sanchez wrote: »
    Thanks again for the replies. I guess I could use it as an excuse to ask for a salary raise - for the extra duty of up keeping it, as I could also develop more scenarios for use in the simulator and push out the updates to other centres.

    I would imagine that hiring a professional to do this would cost a hell of a lot more than what I'm being paid.

    You know what you want out of it, but if this is being pushed worldwide, I would expect to have its roll-out and support your main role from now on.


  • Advertisement
  • Closed Accounts Posts: 675 ✭✭✭Dr.Sanchez


    Raising a dead thread here... but I just realised that I never even signed a contract when I started this job. They "renewed" everyones contracts a few months ago but I never physically put a pen to paper. Im sure this changes things?


  • Registered Users Posts: 1,206 ✭✭✭zig


    Id say the business section may give you better answers.

    I dont think that changes things. If it came to court they have reasons to claim at least some of it if they have been paying you. Also was any of their equipment used? Computers? Did you do any of your spare time stuff in their office? All this plays a part.

    Sounds like you both own it tbh. It really would be different if you developed this totally in your own time at home.


Advertisement