2 ms·
1. EDITED: I wouldn't be too sure that the EMBA student doesn't already have rights in the app, etc. The facts aren't entirely clear (and can make a big diff
by dctoedt 13y ago
1. EDITED: I wouldn't be too sure that the EMBA student doesn't already have rights in the app, etc. The facts aren't entirely clear (and can make a big difference), but she might be a "joint author." If so, she'd likely have the right to do whatever she wanted with the code -- but she'd have to account to the poster for whatever profits she made (usually a 50-50 split if the parties haven't agreed otherwise).
Of course, the reverse is also true: If the OP and the EMBA student are joint authors, then the OP might have to account to the EMBA student for any profits he makes.
For more information, see a presentation I did a couple of years ago: http://www.oncontracts.com/docs/Toedt-IACCM-ATE-intellectual-property-law-for-contract-professionals.pdf#page=29 http://www.oncontracts.com/docs/Toedt-IACCM-ATE-intellectual... See in particular the slides about "joint works" (with examples such as Weird Al's parody of Lady Gaga's Born This Way as well as the royalty controversy over the organ solo in A Whiter Shade of Pale).
2. If the individuals qualify as a partnership (sounds like maybe not), then the partnership arguably owns the copyright. Under New York law, "[a] partnership is an association of two or more persons to carry on as co-owners a business for profit ...." http://law.onecle.com/new-york/partnership/PTR010_10.html http://law.onecle.com/new-york/partnership/PTR010_10.html. In general, a partnership can be de facto even without formal paperwork.
3. The usual disclaimer: The above is only general information; small changes in facts can sometimes make big differences in outcome; don't rely on this as a substitute for legal advice from an attorney licensed in your jurisdiction; I'm not your lawyer; etc., etc.