Re: Software Intellectual Property Question

Subject: Re: Re: Software Intellectual Property Question

Comments:
: : Hello, : : I am a computer programmer. I've had a home based business for about three years now. My x-employer(call them Comp1) still gets me jobs though. : : Last year Comp1 got me a project for a large company.(call them Comp2) I wrote a database system for them. I acted as a sub-contractor. Comp1 is the contractor. No contracts between me and either company were signed, except a standard contractors badge agreement which states that anything I do for them(Comp2) or idea's that I come up with while working for them on the project, belongs to Comp2. : : Almost a year later now, I've decided that I want to market that database. So, : : Question one, who owns the intellectual property for that database? : : Question two, if I do not, could I RE-write the database in a different language and then own it? : : Any help would be greatly appreciated. : Hello Randall: : This is the first time I have signed onto this forum, so please bear with : me. Here are a number of factors to consider. First, are either of the computer : companies contractors with the government. Sometime of the DAR (Defense : Acquistion Regulations) have clauses which are binding on not only the : contractor but all subs as well. In your case, there could be proprietary : rights which accrue to the government through the regulations.Two, which : state are you performing the work in? Sometimes state law makes a difference : when there is no written contract. Three, are you contemplating the sale : of the database software itself or the data contained in the database? : Both are valuable property. It sounds like you are referring to the software : itself, i.e. dBase, Microsoft Access, etc.

Optional Link URL:
Link Title:
Optional Image URL:

Do not disclose any details of any patent idea. See a lawyer.
Before you post a message you must agree to the Terms of Use.