Software Copyright Infringement?
This is a discussion on Software Copyright Infringement? within the Copyright, Trademark, Patent forum, part of the INTELLECTUAL PROPERTY & INTERNET LAW category; I have been working as an independent IT consultant developing custom software applications. I recently learned that a client is ...
![]() |
|
|
Thread Tools | Search this Thread | Rate Thread | Display Modes |
|
|
#1 |
|
Guest
Posts: n/a
|
I have been working as an independent IT consultant developing custom software applications. I recently learned that a client is offering to sell one of the applications I developed to another company. They have not discussed this with me nor asked permission. More interesting is the second company originally asked me to sell them my software, then backed out of the deal.
From what I understand of copyright law, the product rights are mine. Every contract I have held with this company has very clearly defined me as a totally independent contractor. I never had a "work for hire" agreement with them, there was/is no written agreement assigning them any rights to products I developed, and my work product doesn't fall into any of the 9 work-for-hire categories. As such, I believe I am the copyright holder with all the rights afforded in Section 106 of the Compyright Act of 1976, which gives the following *exclusive* rights to copyright holders: - the right to reproduce (copy), - the right to create derivative works of the original work, - the right to sell, lease, or rent copies of the work to the public, - the right to perform the work publicly (if the work is a literary, musical, dramatic, choreographic, pantomime, motion picture, or other audiovisual work), and - the right to display the work publicly (if the work is a literary, musical, dramatic, choreographic, pantomime, pictorial, graphic, sculptural, motion picture, or other audiovisual work).[3] I feel like my work is being stolen by my former client. Is this true? Do I have the right to block their sale of the software application I developed? |
|
|
|
#2 |
|
Top Level Member
Join Date: May 2007
Posts: 872
|
You often would retain the copyright that is true--but you need to make that clear in your agreement to avoid problems, and make clear what the license they are receiving allows them to do.
|
|
|
|
![]() |
| Bookmark & Share |
| Tags |
| None |
This thread has 1 reply and has been viewed 734 times
| Thread Tools | Search this Thread |
| Display Modes | Rate This Thread |
|
|
|
||||
| Thread | Thread Starter | Forum | Replies | Last Post |
| copyright infringement? | Unregistered | Other Business & Finance Law Issues | 0 | Feb 28th, 2009 06:39 AM |
| Copyright infringement? | LeeJ | Copyright, Trademark, Patent | 1 | Dec 26th, 2008 04:10 PM |
| copyright infringement | ltj2457 | Copyright, Trademark, Patent | 0 | Aug 14th, 2008 10:43 AM |
| Copyright Infringement??? | Unregistered | Copyright, Trademark, Patent | 1 | Jun 7th, 2007 07:08 PM |
Doing business in China? Need legal help or advice? Contact our international and Chinese lawyers 24 hours! WORLD Law Direct offers an experienced team of American and Chinese legal professionals.
All times are GMT -5. The time now is 03:13 PM.









Linear Mode

