Intellectual property right of software developer

[leeblee2012]

Trying to clarify the issue of intellectual property right in English law relating to software development.

working for a Ltd company for a couple of years and have developed all the system and computer software for them. This work was all done without and prior specification.

I dont have a contract of employment or directors service agreement. I am parted waves with the company and was wondering who owns the IP on the software I have developed.

A number of the systems and scripts I had appended in the footer with Copyright LeebLee 2010-2011 but not sure that actually holds any water.

I have a couple of question on the go and thought I would put them up separately to avoid confusion.

 

[Billmccallum]

generally speaking, if you develop something during the course of your employment, it is the property of your employer, unless previously agreed otherwise.

 

[leeblee2012]

Bill I appreciate your feedback. Is that something that is implied without a contract of employment. I would agree if the contract of employment specified so. In my case no contract.

It would also be interesting to know what rights I have to reuse anything I developed while working for the company if no contract exists.

 

[Billmccallum]

Bill I appreciate your feedback. Is that something that is implied without a contract of employment. I would agree if the contract of employment specified so. In my case no contract.

It would also be interesting to know what rights I have to reuse anything I developed while working for the company if no contract exists.

You need specialist advice from a solicitor, one with experience of business/contract law.

As I said, its generally accepted that work done during employment belongs to the employer, your issues about share allocation is a possible way out of the IP issue, if there is a deemed breach of contract, there may be a problem enforcing the IP issue.

 

[ClubberLang]

have a look at s11 of the law - Copyright, Designs and Patents Act 1988

http://www.legislation.gov.uk/ukpga/1988/48/section/11

In particular 11(2)

The question is, what is software in terms of copyright?