And what to do about it YOUR COMPANY OWNS YOU Work For Hire and You

FOR YOUR CONSIDERATION

Miller was a supervisor who worked at CP Chemicals' quality control lab. He created a program for making mathematical computations needed for in-process adjustments to one of CP's products. Miller was paid by the hour and created the program primarily at home on his own computer during off hours, and without any overtime pay. SITUATION 1

While employed by Avtec Systems, Pfeiffer created a computer program for managing and presenting satellite data. The program performed many of the same functions found in other programs used by Avtec and by Pfeiffer during his employment. Pfeiffer worked mostly on the program during his own time and on his own computer. SITUATION NUMERO DOS

 Work for hire is a work prepared by an employee during the scope of his/her employment OR  A work specially ordered or commissioned for use ENTER WORK FOR HIRE Contribution to a collective work Supplementary work A test Part of a motion picture or AV work compilationAnswer material for tests TranslationAn instructional text An old fashioned map

 Any work commissioned to a contractor is automatically their property.  In reality, independent software work belongs to YOU. They are wrong, lol WHAT THE EMPLOYER THINKS

Employees  What you do in the scope of employment belongs to your employer. Independent Contractors  When it comes to software, what you create, is yours.  WHY? THE BATTLE OF THE CENTURY

SO WORK FOR HIRE APPLIES TO ME RIGHT?

 Pfeiffer owned his program  Why? The court held that the program was NOT created in the scope of his employment. REMEMBER PFEIFFER?

 He wasn’t so lucky.  Why? The court held that the program WAS created in the scope of his employment.  HOW? WHAT ABOUT MILLER?

 The employee’s work is considered in this scope if:  If it is the kind of work the employee is paid to perform.  It occurs substantially within the workplace.  Is performed, at least in part, to serve the employer. SCOPE OF EMPLOYMENT

AND NOW A VIDEO FOR YOUR OCULAR PLEASURE

 They will attempt assign a copyright through an employment agreement  That agreement will make clear that any software, websites or other copyrightable works that you create will be works made for hire to which the company owns all copyrights. WHAT WILL EMPLOYERS DO?

 GET IT IN WRITING! I CANNOT STRESS THIS ENOUGH  Make clear to the employer your intentions of creating software to which you own. PROTECT YO SELF (BEFORE YOU WRECK YO SELF)

 om/articles/9954/work-hire- doctrine-almost-never-works- software-development-contracts  Legal Guide to Web and Software Development  fm?fuseaction=content.content Detail&ID=9414  circ09.pdf RESOURCES