Print

Please login or register.
1 Hour 1 Day 1 Week 1 Month Forever
Login with username, password and session length

[SWDeveloper]

I am a software developer who was employed by company 123.  Company ABC hires 123 to produce an application and a formal “work for hire” agreement is signed by ABC and 123.  I personally do not sign anything, my boss does.  Work progresses and invoices total $6.  ABC pays $3, runs into money problems and can’t pay the other $3 so the project stops.  Is that a breach of contract on behalf of ABC?

A third company XYZ is interested in the app.  XYZ pays the outstanding $3 invoice then later decides they are not interested in the app anymore.  The project stops again.  I am reasonably sure XYZ and 123 never signed a “work for hire” agreement, but I’m not positive.

A year goes by.  I leave company 123.

Another year goes by and ABC wants to revive the project.  Now I work as an independent contractor.  I do not sign a "work for hire" agreement.  At this point who owns the copyright for the project?

[Isaac]

I am a software developer who was employed by company 123.  Company ABC hires 123 to produce an application and a formal “work for hire” agreement is signed by ABC and 123.  I personally do not sign anything, my boss does.  Work progresses and invoices total $6.  ABC pays $3, runs into money problems and can’t pay the other $3 so the project stops.  Is that a breach of contract on behalf of ABC?

Looks like a breach, but either way it also looks like you own nothing because you were an employee of 123 performing duties within the scope of employment.  No special written agreement is required for your work to be work for hire for 123.  The dispute is between 123 and ABC.  Maybe the contract covers what happens in this case.

A third company XYZ is interested in the app.  XYZ pays the outstanding $3 invoice then later decides they are not interested in the app anymore.

I'm not sure what this does.   Did things get settled between ABC and 123?

Another year goes by and ABC wants to revive the project.  Now I work as an independent contractor.  I do not sign a "work for hire" agreement.  At this point who owns the copyright for the project?

You can own the new stuff you code.  But I don't see any way you can own any of the original code.

[SWDeveloper]

Thanks for your reply Isaac.

Looks like a breach, but either way it also looks like you own nothing because you were an employee of 123

Being employed by company 123 I understand I have no ownership of the original code.  According to the WFH agreement that code belongs to company ABC.  However, since ABC only paid about half of the amount due I think the original WFH is null and void.  But that is not really my main concern.

Did things get settled between ABC and 123?

No formal documents were signed but the situation was “settled” in the sense that my ex employer 123 was happy that the 3rd company XYZ paid the outstanding invoices.

You can own the new stuff you code.  But I don't see any way you can own any of the original code.

That’s the answer I was hoping to hear.  It is a long story but I wanted to know what my options are if ABC doesn’t pay my invoices.  In that case I do not give them the source and I stop the project.  I would try to find other companies that might be interested in the software.  I just do not want to get sued if ABC somehow actually still owned copyright for the new code.  Of course if ABC continues paying my invoices I have no problem giving them all source code and would be happy to continue working for them.