Legal Question in Technology Law in Massachusetts

Re: Ownership of Computer Program

Generally, under US copyright law, any work of authorship is owned by the person who creates it. There is an exception. A "work for hire" is automatically owned by the entity which contracted for its creation. Works for hire are limited to works created either (1) by an employee within the course of his or her employment or (2) certain types of works for which there is a written agreement that it is a work for hire.

Your question states that the computer program was created by an employee as part of his or her employment. If correct, this would qualify as a work for hire, and the computer program would not be owned by the employee. You should seek the assistance of a competent copyright attorney who can review the facts relating to creation of the computer program and properly advise you of your rights.

Re: Ownership of Computer Program

It would have been smart to put the terms of this project in writing, but the likeliest outcome under the facts as you present them is that the employer owns the copyright because the work was developed by an employee within the scope of his employment.

Before taking this as a definitive answer, kindly present the facts in detail to qualified copyright counsel.

Best wishes,

LDWG