Legal Question in Intellectual Property in California
Freelance Software Copyright
I recently developed software for a company as an independent contractor, and there was no written agreement of any sort between us. As I understand it, I own the copyright on that software, and the company that paid me to develop it may have an implied non-exclusive license. My first question is what rights does that give them in reference to the software?? Currently, they are creating derivative works based on my code, selling the software to their customers, and posting their own copyright notice within the software.
Also, I am preparing to register the software with the U.S. Copyright Office in preparation for potential litigation; but the software uses a trademark that their company may have an implied claim to. Can I change the name of the software and still retain all my rights?
4 Answers from Attorneys
Re: Freelance Software Copyright
I echo the thoughts of Mr. Floum's response. Your rights will be highly dependent upon your actual factual circumstance. A skilled IP attorney can assist you with some of the time sensitive remedies you may have and wish to pursue, such as injunctive relief. Moreover, you may want to seek an expedited copyright registration with the U.S. Copyright office to preserve this type of emergency relief if it is available and appropriate in your circumstance. The firm where I work is in your area, and I would be happy to discuss the matter with you as part of an initial free consultation if you are interested.
Re: Freelance Software Copyright
You may well find that what you have done it to create a "work for hire," it which case the program belongs to your employer, and you have no rights to it.
Re: Freelance Software Copyright
You may well find that what you have done it to create a "work for hire," it which case the program belongs to your employer, and you have no rights to it, I understand that you believe that you were an independant contractor. Did you have some kind of agreement with regard to your position or the program. Is there a dispute?
Re: Freelance Software Copyright
It really depends on your contract with the company. You may own the rights to the software, or the software may be a "work for hire" which the company owns. The trademark, i.e. the "name" of the software, is different from ownership of the software itself.
You should consult a good intellectual property attorney to get fact-specific advise.
I am president of the intellectual property association of the Contra Costa Bar Association, a law school teacher, and an experienced IP attorney.
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.
