Legal Question in Intellectual Property in Wisconsin

Re: Derivative Works

Based on the bare facts you have stated, you may own it, and it may be patentable and/or copyrightable.

Re: Derivative Works

A contract prepared ahead of working on the software would help you determine what rights you have or don�t have in the code. Next time, I suggest preparing a simple contract in advance of the work. Assuming there is no contract in place, and that there is no other relationship that would affect ownership (e.g., employee work-for-hire issues) your improvement of your friend�s software does not change his original ownership in the software. That is, if he owned the rights in the software prior to you improvements, he still owns it. However, if you have added something new that improved the code, you may very well own the improvements. This means that the new improved software cannot be used without permission from both you and your friend, since you both own a piece of it. Please note this is different than �joint ownership� where both parties would co-own the entire work.

Re: Derivative Works

It does sound like you both have rights to the work,it does not sound like a derivative work, at all, however, why has this question come up? Is one of you claiming some exclusive right? If you both agree that this is a joinly owned work, now is the time to enter into an agreement setting forth all of your rights and ownership.