Legal Question in Technology Law in California

Software copyright

I am an independant contractor and have written custom software under the direction of the company that I have been contracted by. Do I own the copyright or does the company that I wrote it for own it.

Can they patent the system that uses my software or do I have any claim to be included in that patent.


Asked on 7/01/08, 10:11 pm

1 Answer from Attorneys

Gordon Firemark Law Offices of Gordon P. Firemark

Re: Software copyright

It depends on the contract between you and the company.

If you're truly an independent contractor (your use of "under the direction of the company" suggests otherwise), you'd own the copyrights, and possibly the patent rights.

If you're an employee, or the contract specifies that your work is "work made for hire", the company probably owns those rights.

the specific facts count. Consult a lawyer who can review the entire situation and give a formal opinion/recommendation.

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Answered on 7/02/08, 1:54 pm


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