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hey michael, I really appreciate your response, its good to have feedback. #3 and #4 are too expensive for me right now. I found this law article on copyright
by fortressfalls 16y ago
hey michael, I really appreciate your response, its good to have feedback. #3 and #4 are too expensive for me right now.
I found this law article on copyright ownership of "computer programs" to be relevant:
https://calico.org/html/article_478.pdf https://calico.org/html/article_478.pdf
"an independent contractor owns the copyright in any work he creates unless there is an express signed agreement that the work [is] for hire"
My reading of the article suggests that as long as I'm not classified as an employee, and haven't signed away copyright, I'm likely the sole author, and at worst a joint-author "entitled to modify, reproduce, or distribute
copies of the work". The article also lists court precedents that suggest that specifying features and even supervising dev still leave the programmer with sole ownership.
I know I'm not going to get sound legal advice from HN but a chorus of IANAL g Still, I'm curious if anyone has experienced similar situations and what they learned!
- michael_dorfman 16y agoYou're right, you're not going to get actionable legal advice on HN or from random articles you read on the Internet. The fact that the article cites precedents only helps you when you are spending more money than you likely have trying to defend yourself from a lawsuit that will likely come. Whether or not you prevail in the end is immaterial; the momentum (and lawyer's fees) you lose will not be worth it. In other words: if you can't afford to talk to a lawyer now, you really can't afford to try to hold on to the source code. If it were me, I'd take a crack at trying to find an amicable (and written) solution with the guy; if that fails, I'd walk away and consider it an educational experience.
- fortressfalls 16y agothanks michael, seems like the right plan ;-)