Legal Question in Intellectual Property in New York

I am an independent software consultant and author of an extensive software package that was copyrighted in 1983. This package has been in use by one of my clients since then. The package has been modified and enhanced over the years. There is no written agreement between myself and my client as to ownership of the software nor is there a licensing agreement as to its use. It is my understanding since there are no written agreements that the author retains all rights to the software.

The client would now like me to convert the software, which runs on a unix platform, to a windows platform under a different programming language.

I have two questions at this time.

1) Can my client say that they own the software.

2) If my client pays for the conversion do I then forfeit any rights to the software.


Asked on 9/21/10, 4:35 pm

1 Answer from Attorneys
Kristen Browde Browde Law, P.C.

1. The client could attempt to claim that it was a work for hire. But if you actually filed a copyright in 1983 that claim would be very difficult if not impossible to prove.

2. No. However, again, you have to be concerned about work for hire issues.

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Answered on 9/26/10, 7:01 pm


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