Legal Question in Technology Law in New York

I worked for a software company as the sole software developer for 3 years. I have since left the company. I have reason to believe my ex boss is planning on selling source code that I developed to a different company. I never signed any forums that gave ownership of code to the company I worked for. Am I legally entitled to any portion of the profits made from selling that code?


Asked on 9/06/10, 6:02 pm

2 Answers from Attorneys

Roman Fichman Esq. Law Practice of Roman Fichman Esq.

Part of the determination rests with an analysis whether the work you performed was considered to be "work for hire" or not. This depends whether you were a full time employee or a freelancer, whether any writings exist that are not necessarily formal agreements (e.g. emails, SMS etc.), whether you were promised to be paid through means other money (i.e. equity, revenue share, contingency payments etc.) as well as other factors.

The good news is under Copyright Law certain presumptions of 'work for hire' status are in favor of software developers (as opposed to other content creators), so you may in fact have a claim on the IP you have created. To fully answer this question, all the facts would need to be fleshed out.

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Answered on 9/11/10, 11:39 pm
David Ganje Ganje Law Office

Your actual employment relationship will need to be studied. We would review the "work-for-hire" concept and any employment agreement you may have had. I have at least one similar matter pending in my office. You should contact me for consultation and analysis.

This answer is provided for your information only to help you understand some of your legal rights. It should not be relied on as legal advice because it is not a substitute for the full consultation and advice of an attorney. Nothing contained in my comments constitutes the establishment of an attorney-client relationship.

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Answered on 9/14/10, 2:32 pm


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