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Ask Slashdot: How To Own the Rights To Software Developed At Work?
New submitter ToneyTime writes: I'm a young developer building custom add-ins for my company's chosen SAAS platform as a full time staff member. The platform supports a developer community to share code and plug-ins with an option to sell the code. While I don't plan on having a breakthrough app, I am interested in sharing the solutions I create, hopefully with the potential of selling. All solutions are created and made by me for business needs, and I aim to keep any company's specific data out. I have a good relationship with management and can develop on my own personal instance of the platform, but would be doing so on company time. Going contractor is a bit premature for me at this stage. Any advice, references or stories to learn from?
Get a signed contract, written by a lawyer. Don't expect anything else to hold up in court.
Resign and start consulting NOW!
Consultants do not fall under work for hire.
If you have one client and they choose your schedule you are not a consultant.
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You can claim the law is BS all you want, but it would be inadvisable to take that position in court.
If it is an employee paid on a W2 who shows up at the office every day and has their tasks and schedule set by the employer, the employer owns the copyright.
If it is a contractor paid on a 1099 who uses their own equipment at their own location, the contractor owns the copyright (even if there is a clause in their contract stating otherwise.)
If it is somewhere in between a court would decide if they are an employee or an independent contractor.
http://copyright.gov/circs/circ09.pdf
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