Software Copyright

[RSpencer]

What is the name of your state? California

I developed software for a company as an independent contractor (the IRS has made a final determination that I was an independent contractor and not an employee of the company), and I had no written agreement with the company, only an oral agreement that they would pay me a weekly salary to develop this product.

We have since parted company, and they've threatened to sue me for abandoning the project as they wanted more work done on it.

As I understand it, I own the copyright on this software because I was not an employee and there was no written agreement of any kind which would make it a "work for hire" and transfer the copyright. What are the company's rights pertaining to this software?? I've read that they may have an implied non-exclusive license to the software, but what rights would this give them? I ask because they are currently creating a derivative work from the software, selling it, and posting their own copyright notice within the software. I would like to complete the software and market it myself, but they are marketing this early uncompleted version and ruining the market for me . . . especially since they claim they own the software.

 

[divgradcurl]

"I developed software for a company as an independent contractor (the IRS has made a final determination that I was an independent contractor and not an employee of the company), and I had no written agreement with the company, only an oral agreement that they would pay me a weekly salary to develop this product."

Were withholding taxes taken out of your paycheck? If they were, then you would likely to be found to be an employee, IRS notwithstanding, and then this would be a work-for-hire. If the company is in California, you need to look to California law, not the IRS, for the definition of "employee." If you pay your own payroll taxes, that would bolster your case that you were an independent contractor.

If you are a contractor, you are right, you would own the copyright in the absence of any agreement to transfer it -- UNLESS the software was a "contribution to a collective work" and you were hired specifically to create it -- in that case, the work would be considered a "work for hire" even if you are found to be an independent contractor.

You should talk with a lawyer experienced in copyright law. If there is an implied license, you need to figure out what the scope of the license is -- it may allow them to create derivaive works, in whcih case you wouldn't have any recourse to stop them. If they do not have a license, you'll need a lawyer to enforce your rights anyway, so you might as well get talking to one now...

 

[phatcat42141]

It was only an Oral Agreement

If there was no written agreement then how can they prove otherwise? They can't therefore you can quit with the programming for them just dont use them as a future reference.