Discussion:
What is the name of your state? Massachusetts
Hi All,
I write "Smart House" programs for my full-time employer.
The programs are written using software provided by the Smart House hardware manufacturer and are freely available for download on the web. I have attended programming classes run by the manufacturer with accommodation & travel costs (gas) covered by my employer.
I am salaried (no overtime pay) and write a great deal of the programs on my own PC at home outside of office hours.
I have signed nothing with my employer that states that any program I create is the Company's property.
Would I have any claim to ownership (whole or part) of the intellectual property I create?
Many thanks in advance.
The Captain
Answer:
Hopefully an attorney will correct me if I'm wrong.
1. Any programs you design and code per the request of
your employer belong to your employer.
2. Any programs/software you design and code on your own,
especially on your own time, should belong to you.
3. However, if your employer wants to make things difficult
for you, you should be careful the function(s) of your software
is not similar to the function(s) of the software you develop for
your employer. If you are developing games at home, but
you are developing accounting software for your employer,
there should be little question you developed the software on
your own time. However, if the software is similar in function,
there may be a problem in your being able to prove you did
not develop the software at work, and/or there may be a
problem in your being able to prove the employer did not
request you to develop the software. Again, this should
only occur if your employer wants to make things difficult
for you for some reason or another. There may be some
other issues, which an attorney may be able to point out;
e.g., conflict of interest, etc.
4. If you are not using any of your employer's resources,
other than the courses you took, you should be okay; but
if you are, then you may be legally required to reimburse
your employer for the use of their resources.
5. If you have a good working relationship with your
employer, you should be able to discuss this with them.
If they see no problem, you might get something in writing
from them in event there is a change in supervisors, etc.
Again, you may have to declare there is no conflict of interest.
6. The fact your employer paid for your training should have
no bearing on the issue. The training was done for their
benefit, and theoretically should be considered as a form of
compensation to you. As such, what you do with your
compensation is your business.
Are we suppose to salute you?