Legal Question in Intellectual Property in California
I created an Excel program when I was part of a company because I wanted to streamline my job duties. The forms that the company were using when I came on board were inadequate. I spent hundreds of hours creating a program that would totally automate the processes that we went through to enter Client information into a contract and worksheet for a financial analysis.
After a financial dispute I left the company. Immediately upon leaving the company I joined another company in the same field. However, immediately after joining the new company I copyrighted the program. The only difference on the new program was a company name that I added while working at the second company. The two programs are otherwise nearly identical.
After a small amount of time I returned to the original company and again created forms to make my job easier. Again, these forms became used throughout the organization. The company also was still using my original program!
Again, I have had to separate myself (for the final time) from this company because they refuse to pay me thousands of dollars in commissions.
I want the use of my creation to stop. My thought is since I copyrighted the forms with a logo, that I would submit a copyright on the program with no logo so that I can be more universally covered in the future.
What is my best recourse? Should I apply for the copyright of the program with no logo before sending a C&D letter to the first company? Or can I use the copyrighted program that has the logo as my basis for the C&D? I created the program in the spring of '08 by the way.
Thank you,
RF
2 Answers from Attorneys
The Copyright Office will not copyright true blank forms, such as time cards, score sheets, data entry forms, and the like, even with the spaces labeled as a guide to use of the boxes and columns. Computer data-entry templates often, but not always, fall into that category, See 37 CFR 202.1(c). CFR = Code of Federal Regulations, available on line.
Enter the search terms 'copyright' 'blank forms' 'spreadsheet' together in a google search and note a few of the discussions of this topic in your results.
Mr Whipple is correct, but the bottom line is this:
When you work for a company, and create something such as a computer program, Excel template, etc., within the course-and-scope of your employment, that intellectual property belongs to the EMPLOYER, not you.
So, you're barking up the wrong tree here. You don't have the right to register the copyrights, trademarks or patents, nor to stop the former employer(s) from using the material you created.
Any C&D letter you might send will be ineffective. I doubt you'll be able to find a knowledgeable, experienced attorney who'd write such a letter on your behalf.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
