Legal right to software I developed?

[wwconslt]

What is the name of your state? MA

Hello Everyone,

I have a feeling I won't like the answer to this question, but here goes.

I was employed by a non-profit community mental health organization for two years. As part of my duties I developed two complex database applications (Human Resources/Time and Attendance).

While I was there, management approached me about the possibility of marketing the databases to other non-profit agencies. I was vehemently opposed to it for a number of reasons, one of which was that wasn't exactly in the spirit of our relationship with other non-profits mental health organizations. My idea was to share the software and code (Access and Visual Basic) with other non-profits since we're all broke!

I was laid off September 6th. I just found out that my former boss, the CEO is planning on marketing and selling the databases to other organizations.

I have a feeling I have no legal intellectual property rights to the database applications I developed since that was what they were paying me for. My former employer, albeit crafty in waiting until I was laid off (along with many others by the way due to financial problems) probably has the rights to the software....even if I disagree with their strategy.

1. Do I have any legal right in the ownership of the software
2. Can I do anything about them marketing it without me?

Thanks for any and all help.

William

 

[JETX]

Some keys to ownership are:
- Was this software development part of your job scope?
- Was the software developed fully during compensated time?
- Was there any 'ownership' agreement?

One thing you can consider... upload the software to the public domain and/or contact the other non-profits about giving them the software.

 

[wwconslt]

Thank you for your reply Halket. In response to your questions:

Was this software development part of your job scope?

Yes

Was the software developed fully during compensated time?

Yes

Was there any 'ownership' agreement?

None specifically regarding the databases I developed.

If I do make the software available to the non-profits my former organization intends to market to, would that be illegal, especially if the consider themselves the owner?

Thanks,

William

 

[JETX]

"If I do make the software available to the non-profits my former organization intends to market to, would that be illegal, especially if the consider themselves the owner?"
Illegal, no. Cause for possible civil action against you, possibly. But you will have to determine the risks involved. Is the ownership clearly established?? Do you have any basis for a claim of ownership?? What are the chances that they would really pursue this??

 

[wwconslt]

Still not sure about the big issue...especially after answering the previous three questions.

*Am I the legal owner of the databases or is my former employer?

William