Legal Question in Intellectual Property in Louisiana

Copyrights

If I create some software for my boss for work can I copyright it personally. Ok here's the back story. I work for a construction company, but I'm good with computers. My boss wants to make a franchise business and he asked me to make the software that he will eventually sell with the business. Technically do I own the software or does he. If I do I want to copyright it so I can get a percentage of future sales. Legally can I do this?


Asked on 10/22/08, 5:07 pm

2 Answers from Attorneys
Justin Lampel Lampel & Associates, P.C.

Re: Copyrights

Although there are different factors, the most import ones are 1) what is your job description at the construction company? (are you paid to work with computers there or do you operate a crane?); 2) are you creating the software on company time or your free time? Are you using your own computer or a company computer? There are other factors as well. The best way to avoid problems in the future is just to have an agreement ahead of time with your boss. The agreement can include any terms regarding payment and ownership as long as the parties agree. There is no right or wrong answer...you can contract for pretty much any terms (provied they are legal...a contract to kill someone obviously would not be legal).

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Answered on 10/22/08, 5:42 pm
Johm Smith tom's

Re: Copyrights

You most likely will not be considered the author of the software unless you have the necessary language in your employment contract but I would need to know more to give you a legal opinion.

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Answered on 10/27/08, 6:04 pm


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