Personal Software Source Code Used at Work
I work for a company as a software developer. I also develop my own software (using my own computers on my own time, etc,) some of which I use in software I personally sell. Some of my own software source code can be useful for the development of company source code. Now, assuming that 'my' source code can and does remain as discreet assets (known to software developers in my work as "components" or "libraries" and comprised of text files) and I am able to include plain-English wording with these assets, I want to convey:
1 - That I reserve all rights to the source code
2 - That I extend a license for the source code to be used in 'company' software, but not as the product itself
3 - That I do not extend a license for the source code to be distributed or used in any other company software
I'm not a lawyer and my searches online for source code licenses primarily lead to examples of open source software (which this is not) or publicly released source code (which this is not, either.) This is not publicly released or distributed source code, but I wish to share usage with the company. The company distributes compiled software only.
What has brought this question to my mind is the fact that I use my own source code for company development, and managers have caught wind of this and practically insist that I share the source code with other developers on the team. I would love to, but do not want the manager to think this means the company owns the source code and I do not (work for hire sort of thing.)
Cheers.
Re: Personal Software Source Code Used at Work
You are going to have issues if you mix work for hire with personal work like this. It absolutely behooves you to sit down with your employer and identify the division between what they are paying you to do (and hence belongs to them) and what is your independent ownership. Frankly, as a exempt employee, there's no "off the clock" time. You write something, especially something we use, and I am going to presume it is part of your course of employment.
Re: Personal Software Source Code Used at Work
I think I have had the discussions you describe, though I don't have a formal written agreement. My own business predates employment at the company by 6 years (which was full-time, and during which some of the source code in question was written) and I began working for this company as an hourly contractor; I only accepted full-time employment after having the sort of discussions I believe you are suggesting. I absolutely do work "off the clock" for my own business, and I obtained digitally written agreement to an hourly work schedule at the company, if that's worth anything.
That said, I have not yet had any sort of conversation about the copyright implications of including my own source code in company source code. I'm sure it would go positively, but haven't wanted to make a fuss without understanding a bit more about how this works first.
My source code in question is roughly equivalent to a mechanic who somehow made his own tools, which made building cars faster and easier. The tools are not distributed to the end-customer, but the cars built with the tools are. Other mechanics would like to use these tools, and I want to let them... without implying I have transferred ownership to the company.
Re: Personal Software Source Code Used at Work
I am quite familiar with the situation. I have been in the software industry for 35 years. I've and Richard Stallman in all of his odiferous glory show up for dinner. The tool analogy is NOT APPLICABLE. Tools don't have copy issues.
Re: Personal Software Source Code Used at Work
I see your point on the tool analogy, but in regards to the applied scenario I am speaking quite literally about development tools which exist as source code. Are you saying that because these tools are source code that it's not really possible to use and share it with my co-workers and reserve rights or convey a license? I'm a bit confused.
Thanks.
Re: Personal Software Source Code Used at Work
No, I am saying your analogy is spurious. What I am saying is you better be darned sure you have an agreement with your employer on something that you claim is independently YOURS before bringing it on the premises. As stated, while the presumption on work-for-hire has swung to side with the author, you as a full time employee of the company is on the wrong side. The presumption here is that if you wrote it while employed, it is part of your employment. The employer will not be obliged to pay you additionally (and may indeed attempt to enjoin you from using it elsewhere).
Re: Personal Software Source Code Used at Work
My analogy is ABSOLUTELY fair. I'm not asking for payment, but reservation of my rights to my property. It doesn't sound like you actually do understand the situation, but thank you for your attempt to help. Cheers.
Re: Personal Software Source Code Used at Work
No your analogy is incorrect. Bringing tangible property that you bought elsewhere onto site is not the same as performing work for hire.
You can weasel and whine about it all you want, but it's not the same. I understand the situation just fine. I just can't tell you the answer you WANT to hear. Go live in your fantasy world. The rest of us must deal with reality.
Re: Personal Software Source Code Used at Work
My analogy is barely an analogy as much as metaphor, so to call it "incorrect" and "spurious" makes me doubt you do understand the situation, sorry. Let me try again:
1 - I'm referring to property (source code) that is literally called tools in my industry; this is not just an analogy I made up to support my goals, but a way all developers in my industry naturally label it. I used the analogy perhaps assuming you knew less than you do, I hope that was not offensive, I simply don't know you at all.
2 - I did not buy these tools elsewhere, I literally made them with my own equipment, as part of my own business prior to employment at this company. I don't need to weasel and whine to make it clear that I OBVIOUSLY own this stuff.
3 - I have established the expectation that I can continue this practice "off the clock" prior to starting work at the company. (This is as yet to actually be done, so you could ignore this for the sake of my original question.)
4 - I want to know, if I were to bring my source code into the company code base... how can I reserve my rights or convey a license? Or are you simply saying that I need to make that clear BEFORE I do so?
Please don't take offense that I have doubts you understand the situation, I'm sure you know a lot but you are limited to my ability to explain the situation; I came to this forum because I readily admit I don't know a lot about IP law.
Re: Personal Software Source Code Used at Work
1. I know what a software tool is. That still doesn't make your analogy to a wrench valid. It is not. If you took a wrench to work, neither you nor your employer would claim intellectual property in the wrench. It would remain with Craftsman or whoever. The ownership would follow who paid for it.
In the case of software which we are arguing copyright over it, the question is WHO PAID FOR IT. If you are an employee, the employer is presumed to have paid for it. If you can show clear proof you wrote it BEFORE becoming employed, that's fine. However, as I pointed out, if you wrote it "on your own time" while employed, you're on thin ice without an explicit (better if it was written) agreement as to the bounds of work. As I stated, an exempt employee doesn't have "his own time."
2. That's why your analogy is completely inane and off-topic. Now you're beginning to understand.
3. Your EXPECTATIONS don't add up to a hill of beans. It's what your employer and you have agreed to.
4. If you have code you wrote while employed, no matter how many times you stamp your foot and shout "WAHHHH I did it on my own time. You're not being fair. I want my mommy" the employer still may have legitimate claim.
I'm tired of this. You haven't said ANYTHING different in any followup to your original statement. My answer is going to be the same.
I've got more years in IP work and COMPUTER SOFTWARE ENGINEERING than you ever have.