copyright problems

[daddy6745]

What is the name of your state? Texas

I am currently a Network Technician who is going to school to be a computer programmer. My boss knew that I had programming experience and asked me to help him with a program, so I agreed. This one favor turned into me just finishing my 6th application for him. Ive tried to tell him that these custom programs arent free but I am now a computer programmer instead of a network technician who has been denied money serveral times. I have never signed anything waiving my rights to the code since I was never hired as a programmer.Is there anything I can do such as make them pay me money for the applications or make them take the applications off their servers or anything like that. I have been told that since I am doing a job that is out of my original job scope and description that I have legal rights to the applications. Any help would be appreciated.

 

[Veronica01]

The work you have done is considered work for hire. Your employer owns the copyright. As to whether you could ask for paying you for your time, you should consult with an attorney who had tried employment compensation in your area. You never know, everything is possible.

 

[marubear]

Please see _Understanding Copyright Law_, 3rd edition, Matthew Bender Publishing, pp. 198-200.

As with almost all case law, there have been inconsistent decisions with respect to salaried employees and what kind of work is considered within the scope of employment. For a situation such as yours, some cases rule for people like you; others rule against you.

Here are some things you might want to look at additionally:
Restatement (Second) of Agency Section 228.
Avec Systems v. Pfeiffer
Cramer v. Crestar Financial Corp.

I'm not a lawyer yet. I've recently sat for a state bar exam and will be soon sitting for another. I did take a copyright law class in law school and I still have the Matthew Bender text on copyright law. So, this is not legal advice. However, generally, a lot of things are equivocal, especially when it comes to the Copyright Act. Don't give up hope. I would suggest that you contact a copyright lawyer for help.

Good luck.