Legal Question in Technology Law in North Carolina

Software Ownership

We wrote software for two companies through another hiring company making us sub-contractors. The hiring company installed our code and the customers are now using the applications. The company that hired us has gotten paid for the work but is not paying us. The three invoices totaling $2250 is 75 days old. Our questions are:

What are our recourses? Can we call the original customers and tell them the work has not been paid for and they cannot continue to use the applications until the invoices are paid by the hiring company? Who owns the software if we are not paid? Do we have to wait a certain number of days? The hiring company says that they have mailed us two checks, both of which they say must be lost in the mail since we have not received them. That was a month ago. They keep claiming that line and will not reissue another check or discuss payment options. We want resolution and want to know our options should we need to take action.

Thank you,


Asked on 6/21/00, 6:43 pm

1 Answer from Attorneys
Bruce Burdick Burdick Law Firm

Re: Software Ownership

I am not a North Carolina attorney, but I do have 25 years experience as a copyright lawyer. My suggestion is that you write both the hiring company and the user company and tell them you are rescinding any agreement and claim ownership of copyright on the software and that any reproduction or use thereof will hereafter be considered an infringement of your copyright but that you are willing to listen to proposals for resolution of their past and present copyright infringement. Better yet, you should have that letter written by an experienced copyright attorney. And, it just so happens I am available to help you should you so desire. Contact me at [email protected] or 314-241-4427.

If you write them on your own to save legal fees, expect to get ignored. If I write them, they will take notice.

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Answered on 8/31/00, 5:13 pm


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