In 2007 I worked for Company A, a Massachusetts 501c3 social services provider. I was a full time (salary and benefits) teacher. I was also part time IT support.
Through my role as IT support, I created a database for Company A. Let’s call it Database Version 1. Much of the time creating this database was done on my own, unpaid. And much of the time that I was paid for working on the database, it was for setting it up as per Company A’s needs, not building the initial framework. But there probably was some amount of time Company A paid for some amount of the initial framework construction.
There was no written agreement about copyright of this database. I am in the process of trying to find copies of the original hire documents I signed. I know I signed an extensive document for my teaching roll, and another very simple (like three sentences) document for my IT roll.
In 2009 I stopped working as a teacher for Company A, but stayed as part time IT. I was on payroll and continued to receive benefits, but my hours were flexible.
Company B then came along and hired me to build a similar database to what I build Company A. Let’s call it Database Version 2. Version 2 was structured entirely differently than Version 1; not a single line of code was the same. However, there were some visual similarities.
There was a written agreement with Company B affirming that I had full copyright of Version 2 of the database.
After a year, Company B dropped the project and gave me their blessing to continue it on my own. I then spent a great deal of time adding improvements and making changes. Let’s now call it Version 3.
Meanwhile… I was still supporting Company A’s Version 1 database. I then gave them the choice that they could either find their own developer to support Version 1, or sign on with me and start using Version 3. They decided to switch to Version 3. No written agreement was signed.
Version 3 has now become a great success. Now, coincidentally with my success, Company A is claiming that they own the copyright to Version 3 of the database (Because V3 is based off V2 which is based off V1 which was created when I was working directly for them) (And if you want to get even more confused, I originally based Version 1 off an earlier database that Company B provided to Company A!)
Both of us would like this issue resolved once and for all. I, as a business owner, NEED to have an affirmation that I own full copyright to my work. Company A wants the source code to Version 3. I have only provided the source code to Version 1. I have told Company A that if they want to continue using Version 3 in 2014, they must sign a document saying I have full copyright. They have vaguely threatened legal action.
It would be great to have your opinion as to who you think the courts would consider the owner of Version 3. I know that basically all paths from here are ugly and annoying, but I would love to pick the least ugly and annoying if possible!
Through my role as IT support, I created a database for Company A. Let’s call it Database Version 1. Much of the time creating this database was done on my own, unpaid. And much of the time that I was paid for working on the database, it was for setting it up as per Company A’s needs, not building the initial framework. But there probably was some amount of time Company A paid for some amount of the initial framework construction.
There was no written agreement about copyright of this database. I am in the process of trying to find copies of the original hire documents I signed. I know I signed an extensive document for my teaching roll, and another very simple (like three sentences) document for my IT roll.
In 2009 I stopped working as a teacher for Company A, but stayed as part time IT. I was on payroll and continued to receive benefits, but my hours were flexible.
Company B then came along and hired me to build a similar database to what I build Company A. Let’s call it Database Version 2. Version 2 was structured entirely differently than Version 1; not a single line of code was the same. However, there were some visual similarities.
There was a written agreement with Company B affirming that I had full copyright of Version 2 of the database.
After a year, Company B dropped the project and gave me their blessing to continue it on my own. I then spent a great deal of time adding improvements and making changes. Let’s now call it Version 3.
Meanwhile… I was still supporting Company A’s Version 1 database. I then gave them the choice that they could either find their own developer to support Version 1, or sign on with me and start using Version 3. They decided to switch to Version 3. No written agreement was signed.
Version 3 has now become a great success. Now, coincidentally with my success, Company A is claiming that they own the copyright to Version 3 of the database (Because V3 is based off V2 which is based off V1 which was created when I was working directly for them) (And if you want to get even more confused, I originally based Version 1 off an earlier database that Company B provided to Company A!)
Both of us would like this issue resolved once and for all. I, as a business owner, NEED to have an affirmation that I own full copyright to my work. Company A wants the source code to Version 3. I have only provided the source code to Version 1. I have told Company A that if they want to continue using Version 3 in 2014, they must sign a document saying I have full copyright. They have vaguely threatened legal action.
It would be great to have your opinion as to who you think the courts would consider the owner of Version 3. I know that basically all paths from here are ugly and annoying, but I would love to pick the least ugly and annoying if possible!
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