Legal Question in Technology Law in California

Software Developer rights of ownership

I've been doing hourly contract work for an businessman over the past 5 years and the project has been so successful that, with some modifications done by me, he is able to offer it on a subscription basis to others. In the beginning, we had verbally agreed that the code was his, but now that he's licensing it to others, I wonder if I have any ownership or control of it.


Asked on 4/14/07, 2:13 pm

2 Answers from Attorneys
Charles Williamson Charles J. Williamson, Attorney At Law

Re: Software Developer rights of ownership

No, you are not entitled to any part of whatever your employer makes from licensing the software. The legal rule here that applies is that you have created a "work for hire" and all intellectual property rights belong to the employer.

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Answered on 4/14/07, 2:21 pm
Timothy J. Walton Internet Attorney

Re: Software Developer rights of ownership

In the absence of a written agreement, you have a good argument that you own the code.

Has he been sending you 1099s or W-2s?

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Answered on 4/17/07, 12:17 am


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