software source file ownership

[Jas0nG]

What is the name of your state? Georgia

I'm a programmer and I've been subcontracting for a small bible college for almost three years. Most of that time has been devoted to the development of their primary in-house database application, which I am the sole author of. It was slow-going at first as I was beginner, but now this is a pretty advanced program that could be developed into a product and therefore has profit potential. At this time, no one else has a copy of my source files, which are used to build the executable file (application). I am wondering if I can claim these files as my intellectual property, and claim that the only thing I am obligated to give them is a CD, which will install the program. Basically what this means is that they would have what they need to use the program as is, but can not make changes to the program without my source code. Here's the thing: I've never signed anything! I gave them a proposal basically describing my plans for the program (software to use etc.), and they gave me the go-ahead by verbal agreement, and they paid a an hourly rate to a contractor, who in turns pays me as an independent contractor. There's nothing that says anything about source code and who owns the rights. I know the whole thing sounds sketchy, so it's probably a tough question. I'm just looking for some clarity here. Any advice would be greatly appreciated. With regards jg


I read through some old posts, and nobody is talking about any separation between ownership of software and ownership of the actual source files. I just want to clarify that I have no problem with the client owning rights to the actual program. I just want to know whether I have the right to hold on to my source code. I've given them a CD that will install the program. And that is theirs as far as I'm concerned. But are the source files theirs or mine?

 

[Chroprozis]

Have you double-checked your employment contract with the contractor for whom you work? It's very likely that you signed an agreement stating that anything you create on a client's time will be considered works for hire, thus the client owns the copyright and the source.

If developing the software was something that was aside the job description, (for example, you were hired as their network administrator or as clerical support), the odds are more likely that there wasn't a works of authorship agreement, and you automatically own the copyright.

Many programmers that I know do save copies of their code to recycle useful bits and modules.

A web search turned up several links including the following one:
http://www.lgu.com/publications/tradesecrets/5.shtml
- Scroll down to "Employee-Developers"

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