Scope of Employment - Does my company own the software I created?

[neeps]

My inquiry involves copyright issues. I created a ticketing system for my company. Because a portion of the software was created while I was still an independent contractor, and because I was hired on as a computer technician, NOT a programmer, shouldn't the software I created fall outside my scope of employment? There was never a formal agreement for me to do this type of work. Nothing was ever signed. I was hired specifically as a Technical Support representative, not a software developer. My boss took advantage of me and intimidated me in to developing software that would normally cost tens of thousands of dollars, all while paying me my meager technician's hourly wage. Is it possible that I own the copyright? Is there anything else I can do? Is there some form of law other law surrounding this I might not be considering?

Thank you for your time.

 

[Michael Wechsler]

This is a big mess. I'm sorry to hear what happened. Only getting a full legal consultation will help you and you may need to pay to prosecute this case. I don't know the situation and there are always two sides to a story. If you want to see what you can leverage, you might want to send a notice to your boss stating that you had no "work for hire" provision when you provided work and, as such, want him to know that you own a portion of the copyright to the work you've provided. As such, the use of this software by him or any other entity, without your consent, would be in violation of copyright law. He may or may not bite and agree to settle. I don't know. I'm sympathetic but these are usually very messy cases and I don't know any lawyer who would put up his own money to win money that has high risk to receive at best.