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I'm not sure the licensing response would work in the case of the code developed over the course of a startup weekend event. I suspect anyone on the SW "team"

I'm not sure the licensing response would work in the case of the code developed over the course of a startup weekend event. I suspect anyone on the SW "team" could claim ownership of the code and any aspect of the business. SW trys to avoid these issues during the weekend ..from their FAQ: (http://startupweekend.org/about/firsttimer/ http://startupweekend.org/about/firsttimer/) How do teams address the issue of IP/ownership? As with any startup, the team decides. Startup Weekend doesn’t support or take part in the signing of any legal documents at the events themselves, and while Mentors with legal backgrounds are often present and able to give general advice, they are not permitted to give specific legal counsel.While it doesn’t hurt to be clear about your individual expectations from the start, we’ve found that teams who don’t spend time addressing this issue until it actually matters (i.e., there is a tangible product to have ownership of) are much more productive and successful than those who do.

adekok 11y ago
> I'm not sure the licensing response would work in the case of the code developed over the course of a startup weekend event. You can always license any code you wrote. > How do teams address the issue of IP/ownership? As with any startup, the team decides. That's not how copyright law works.
- andyidsinga 11y ago
  > You can always license any code you wrote. No you can't ...not if someone else has a claim on the work you do. I can't put "copyright <my name>" on the code I write at work ... its "copyright <my company>" EDIT: re license vs copyright : I also can't just unilaterally decide what license I use for code I write at my company. I think its reasonable to think the same would hold true given that FAQ item. > That's not how copyright law works. That was from the SW weekend FAQ. But I think that FAQ holds weight -- just like my statement above. If the rules for the weekend are the "team decides" you can't just go claiming ownership of stuff you did for the team.
  - lmartel 11y ago
    That's because you signed a contract surrendering your IP to your company. If no contract is signed, then ownership of IP you create defaults to you, as it should.
    - astrodust 11y ago
      Does "work for hire" extend to verbal contracts?
      - dalke 11y ago
        No. See http://www.copyright.gov/circs/circ09.pdf http://www.copyright.gov/circs/circ09.pdf . "A work created by an independent contractor can be a work made for hire only if (a) .. and (b) there is a written agreement between parties specifying that the work is a work made for hire." (Emphasis mine.)
    - andyidsinga 11y ago
      exactly -- and arguably some weekend hackathon or similar event where you arguably surrender your IP to the group. so the "you can always license any code you wrote" isn't always at all EDIT: so, my "exactly" above is a wrong. I see your point about signing a contract vs not. got it. I'm sticking with my arguments about "always" ..its all I have left :)
      - lmartel 11y ago
        Yeah, to be clear, I'm in favor of surrendering IP to the group for an event like this, because if you split everything up at the end it'll be worthless. BUT! Terms like this need (both legally and ethically) to be explicit, and should have provisions for both "person X stays on-board" and "person X leaves after the weekend."
    - tzs 11y ago
      If he is an employee acting within the scope of his employment when he writes the code, the copyright belongs to the employer because it is a "work for hire". There is no need for a contract that states the employee surrenders his rights to the company because the employee doesn't have any rights to surrender--the employer is legally the author and it is in the employer that the initial copyright vests.

adekok 11y ago

> I'm not sure the licensing response would work in the case of the code developed over the course of a startup weekend event. You can always license any code you wrote. > How do teams address the issue of IP/ownership? As with any startup, the team decides. That's not how copyright law works.

andyidsinga 11y ago
> You can always license any code you wrote. No you can't ...not if someone else has a claim on the work you do. I can't put "copyright <my name>" on the code I write at work ... its "copyright <my company>" EDIT: re license vs copyright : I also can't just unilaterally decide what license I use for code I write at my company. I think its reasonable to think the same would hold true given that FAQ item. > That's not how copyright law works. That was from the SW weekend FAQ. But I think that FAQ holds weight -- just like my statement above. If the rules for the weekend are the "team decides" you can't just go claiming ownership of stuff you did for the team.
- lmartel 11y ago
  That's because you signed a contract surrendering your IP to your company. If no contract is signed, then ownership of IP you create defaults to you, as it should.
  - astrodust 11y ago
    Does "work for hire" extend to verbal contracts?
    - dalke 11y ago
      No. See http://www.copyright.gov/circs/circ09.pdf http://www.copyright.gov/circs/circ09.pdf . "A work created by an independent contractor can be a work made for hire only if (a) .. and (b) there is a written agreement between parties specifying that the work is a work made for hire." (Emphasis mine.)
  - andyidsinga 11y ago
    exactly -- and arguably some weekend hackathon or similar event where you arguably surrender your IP to the group. so the "you can always license any code you wrote" isn't always at all EDIT: so, my "exactly" above is a wrong. I see your point about signing a contract vs not. got it. I'm sticking with my arguments about "always" ..its all I have left :)
    - lmartel 11y ago
      Yeah, to be clear, I'm in favor of surrendering IP to the group for an event like this, because if you split everything up at the end it'll be worthless. BUT! Terms like this need (both legally and ethically) to be explicit, and should have provisions for both "person X stays on-board" and "person X leaves after the weekend."
  - tzs 11y ago
    If he is an employee acting within the scope of his employment when he writes the code, the copyright belongs to the employer because it is a "work for hire". There is no need for a contract that states the employee surrenders his rights to the company because the employee doesn't have any rights to surrender--the employer is legally the author and it is in the employer that the initial copyright vests.