21 ms·
If you read the fine print, software can't fall under the 'work for hire' provisions. At all. People think so, but just saying 'work-for-hire' in a contract isn
by dfraser992 10y ago
If you read the fine print, software can't fall under the 'work for hire' provisions. At all. People think so, but just saying 'work-for-hire' in a contract isn't valid (enough). There has to be a explicit copyright transfer process backed up by paperwork.
I ran into this myself, but decided not to get in a tussle with this client who turned out to be ripping off customers, not paying me, etc. etc. Things had been progressing along under the assumption the company owned the copyright, or I was implicitly transferring copyright, and to go and try claw back everything I'd written would have been perhaps futile (the courts would not have thought much of my change of mind) and a very big time and money black hole.
I thoroughly pay attention to contract matters now. I never had a bad client before and none of the stuff I'd developed before either seemed valuable enough. But writing _all_ the code for a startup that ... oh, I don't want to take about it :)