I have a disagreement about who owns the code, here is the situation. 1. I live/work in the US, I have been working as a programmer for a US company for 2 years on the agreement that I will be available for 7hrs per day, 5 days per week (35 hrs total). I am paid a fixed amount every 2 weeks. 2. There isn't always work to be done, so some weeks I will not work 35hrs, but the amount paid is still fixed. 3. Sometimes there is lots of work to be done and I will work more than 35hrs, again, the amount paid is still fixed. 4. Over the last 6 months, I have been working on/off on a large project. I have written all of the code for this project. 5. Recently, payments have been delayed by several weeks so eventually I said I would no longer work with the company. My last 2 week payment has not been sent at all. They have now demanded that I send them the source code for the project I have been working on. I have said that I will not send the source until that outstanding payment has been made. They are now threatening legal action saying that the code is theirs and I must send it to them immediately. They also say that I should not be paid for the last 2 weeks as I worked less than 35hrs per week over the last 2 weeks. Am I right to hold the code until they have paid?
Hey Nigel, It sounds like me and you are in the same boat. http://www.copyright.gov/circs/circ9.html I am a freelance programmer like you. It looks like the law treats employees different than subcontractors. It may come down to proving that we are subcontractors to own the code. However, they should at least have to pay you. Sincerely, Travis Walters
Hey Travis, Thanks for the link, it confirms my thoughts on the matter. It seems if you are an employee, then your employer holds the rights to your work. The problem is defining "employee"
It's my understanding that the company you worked for is correct -- they own the source code. But since they didn't pay you two weeks wages I'd keep the code until they pay up. Let them take you to court -- my guess is the judge will make them pay up and make you fork over the code when they have paid.
Are you an employee or a contractor? If you were an employee they would have deducted income tax. Do you have a written contract with them? Does it address code ownership? If you are an employee it is a "work for hire" and they own the code. If you are an independent contractor you own it unless there is an agreement to the contrary. http://en.wikipedia.org/wiki/Work_for_hire Note: I am not a lawyer and wikipedia is not authoritative.
I believe I am a contractor. I work from home, they have not deducted income tax, I do not have a written contract with them.
The issue of who owns the copyright in computer code is a very common one. Copyright infringement complaints can only be brought by the true copyright owner. Here is an article which addresses your copyright issue directly, discussing the difference between work done by employees and work done by independent contractors: "Works Made For Hire Under the Copyright Act: Who Owns an Employee's Art?"
Dude i have also faced same problem as you. A company wanted me to design a dynamic website for them.They explained me and i started off.They said that you develop initial home page for display, they also paid me 50% amount so as to begin work.When all the project was completed they asked me to first host the project, i didn't and asked for remaining amount.Now they are asking for website project files and not paying(just only giving assurance of paying).They said that they will file case but i said do whatever you want.Since then i referred one of my friend lawyer and he explained me that stick is in my hand don't worry, he suggested me to copyright the work. Since then i started taking projects of coding and web development with written document. Don;t worry everything will be OK.
Thanks for all the input, it has been very helpful. I think for now, I'll sit tight. Good luck to all of those in a similar position.
I wouldn't give them the source code, until they paid up. You have a contract and they have failed to live up to their end of the deal and it isn't your problem that they have had less than 35hrs/week worth of work for you as long as you were available to work.
Hey Nigel, I actually went to see an attorney today about my issue. If it makes you feel any better, he believed I owned the rights to my code. In fact, he believed it so much, he agreed to setup an LLC for me to protect my rights. There was no doubt with him that I was an independant contractor. He seemed a little sketchy though when I said there had to be a written statement before hand that stated it was a work made for hire. I showed him the paperwork I found and it was right there in black and white. It pays to do your own research at times Sincerely, Travis Walters
Unless is a statement that this is a work for hire, you own the code automatically. This is what heard from a few lawyers on a conference I went to about copyright and trademark. This should be a lesson. You should have signed a contract with them for obligations on each side before you started working on it.
If it's a written contract, then you'll have to give them the work, however if it's just an agreement, and terms have been broke, then i'd seek professional advice before handing over documents. Also consider a meeting with the company to see if you can resolve any issues