Legal Question in Technology Law in District of Columbia
When software ownership is undefined
When a company hires another to build and maintain a software program that will be used soley by the hiring company, but there was never a license agreement establishing ownerhip, which party can rightfully claim ownership?
The business relationship has been in existence over several years and is ongoing and amicable. But the hiring firm wants to claim ownership to enable it to bid out ongoing maintenance and development work, and not necessarly be tied to the original developer firm. Thanks!
1 Answer from Attorneys
Re: When software ownership is undefined
If the software was never copyrighted nor patented
by the company which built it nor the subject of a licensing agreement with the hiring firm, I would hazard a less than definitive assessment that the latter probably owns it, but anyone really interested in this issue should seek the opinion of an attorney who regularly handles intellectual property law matters.
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