Legal Question in Intellectual Property in New York

If I write software as part of a project at work, legally do I own the software and source code? I work in a support-based IT department, and I don't believe there is a corporate policy regarding this.

Asked on 2/21/13, 2:58 pm

1 Answer from Attorneys

John Mitchell Interaction Law

Your question seems to suggest that you are saying that you write software within the scope of your employment. If so, this would be considered a "work made for hire" owned by your employer, not you. Here is part of the definition (quoting, in part, from 17 U.S.C. § 101 -- the U.S. Copyright Act):

"A “work made for hire” is— (1) a work prepared by an employee within the scope of his or her employment; or (2) ...."

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Answered on 2/21/13, 10:10 pm

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