The "Work For Hire" Doctrine Almost Never Works in Software Contracts

Re:The "Work For Hire" Doctrine Almost Never Works in Softwa... by ww520 on Monday May 26, 2014 @07:31PM (#7802145)

Yes if you are hired as a contractor. You are the author of the written code and you own the copyright. You lose the copyright to the hiring party only if the "work-for-hire" clause is in the signed contract.

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Re:The "Work For Hire" Doctrine Almost Never Works in Softwa... by platz on Monday May 26, 2014 @07:44PM (#7802180)

And the article is arguing that the "work-for-hire" clause isn't sufficient to cause the contractor to loose the copyright.

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Re:The "Work For Hire" Doctrine Almost Never Works in Softwa... by Dystopian on Monday May 26, 2014 @07:57PM (#7802208)

And in turn the company should look to copyright assignment.

As a contractor, you shouldn't be signing umbrella work-for-hire clauses either. They're usually part of the shotgun approach of "we own everything you do, always, ever".

Copyright assignment is where the give-and-take should take place (which I'm surprised the author didn't speak about) - "company gets copyright assignment based on XYZ (which could include payment, equity agreement, etc.)"

IANAL - I just hire one with one who protects me from signing stupid stuff and is occasionally the nasty stick when clients act up.

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