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Do I own the code I wrote for work related purpose, if not written at work? [closed]
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I'm an employed software developer.
According to my contract, all the code I write for my employer, belongs to my employer.
However, I wrote some code at home, which uses my employers in-house SDK.
This SDK is open accessible via our website, so basically my code could have been written by anyone and I never have been told to write it or such.
I just wrote it to make my own work easier.
The SDK is under copyright but everyone can download it at my employers website.
The issued code is in Lua, a script language which is not compiled and thus no part of the SDK is inside the code. It just needs the SDK to run.
Due I have written it in private time and it never has been part of a project officially, do I own the rights on it?
I'd like to use this code as a coding example in a hiring process.
More specific:
I'm writing applications for a micro controller which is a house development of my employer. I wrote some functions for this controller, for example one which saves the framebuffer into .bmp or such.
hiring-process contracts software-development
asked May 23 '16 at 13:10
Sempie
768617
closed as off-topic by Kent A., Richard U, sleske, keshlam, gnat May 23 '16 at 15:12
This question appears to be off-topic. The users who voted to close gave this specific reason:
- "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – Kent A., Richard U, sleske, keshlam, gnat
 |Â
show 2 more comments
up vote
1
down vote
favorite
I'm an employed software developer.
According to my contract, all the code I write for my employer, belongs to my employer.
However, I wrote some code at home, which uses my employers in-house SDK.
This SDK is open accessible via our website, so basically my code could have been written by anyone and I never have been told to write it or such.
I just wrote it to make my own work easier.
The SDK is under copyright but everyone can download it at my employers website.
The issued code is in Lua, a script language which is not compiled and thus no part of the SDK is inside the code. It just needs the SDK to run.
Due I have written it in private time and it never has been part of a project officially, do I own the rights on it?
I'd like to use this code as a coding example in a hiring process.
More specific:
I'm writing applications for a micro controller which is a house development of my employer. I wrote some functions for this controller, for example one which saves the framebuffer into .bmp or such.
hiring-process contracts software-development
asked May 23 '16 at 13:10
Sempie
768617
closed as off-topic by Kent A., Richard U, sleske, keshlam, gnat May 23 '16 at 15:12
This question appears to be off-topic. The users who voted to close gave this specific reason:
- "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – Kent A., Richard U, sleske, keshlam, gnat
"The SDK is under copyright" - what kind of copyright? What permissions does the copyright grant you?
– WorkerDrone
May 23 '16 at 13:15
The readme just says: "(c) COMPANY NAME AND ADDRESS The software is provided "as is" and the author disclaims all warranties with regard to this software including all implied warranties of merchantability and fitness. In no event shall the author be liable for any special, direct, indirect, or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of this software."
– Sempie
May 23 '16 at 13:17
1
That "readme" doesn't look like a copyright to me.
– WorkerDrone
May 23 '16 at 13:22
1
IANAL but if you used the code at work to make your own work easier then I would take that as code for your employer.
– paparazzo
May 23 '16 at 13:49
1
This looks like a purely legal question to me. Voting to close as off-topic. AFAIK, the answer would depend on the jurisdiction and type of employment contract.
– sleske
May 23 '16 at 14:29
 |Â
show 2 more comments
up vote
1
down vote
favorite
up vote
1
down vote
favorite
I'm an employed software developer.
According to my contract, all the code I write for my employer, belongs to my employer.
However, I wrote some code at home, which uses my employers in-house SDK.
This SDK is open accessible via our website, so basically my code could have been written by anyone and I never have been told to write it or such.
I just wrote it to make my own work easier.
The SDK is under copyright but everyone can download it at my employers website.
The issued code is in Lua, a script language which is not compiled and thus no part of the SDK is inside the code. It just needs the SDK to run.
Due I have written it in private time and it never has been part of a project officially, do I own the rights on it?
I'd like to use this code as a coding example in a hiring process.
More specific:
I'm writing applications for a micro controller which is a house development of my employer. I wrote some functions for this controller, for example one which saves the framebuffer into .bmp or such.
hiring-process contracts software-development
asked May 23 '16 at 13:10
Sempie
768617
I'm an employed software developer.
According to my contract, all the code I write for my employer, belongs to my employer.
However, I wrote some code at home, which uses my employers in-house SDK.
This SDK is open accessible via our website, so basically my code could have been written by anyone and I never have been told to write it or such.
I just wrote it to make my own work easier.
The SDK is under copyright but everyone can download it at my employers website.
The issued code is in Lua, a script language which is not compiled and thus no part of the SDK is inside the code. It just needs the SDK to run.
Due I have written it in private time and it never has been part of a project officially, do I own the rights on it?
I'd like to use this code as a coding example in a hiring process.
More specific:
I'm writing applications for a micro controller which is a house development of my employer. I wrote some functions for this controller, for example one which saves the framebuffer into .bmp or such.
hiring-process contracts software-development
asked May 23 '16 at 13:10
Sempie
768617
asked May 23 '16 at 13:10
Sempie
768617
asked May 23 '16 at 13:10
Sempie
768617
asked May 23 '16 at 13:10
Sempie
768617
768617
closed as off-topic by Kent A., Richard U, sleske, keshlam, gnat May 23 '16 at 15:12
This question appears to be off-topic. The users who voted to close gave this specific reason:
- "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – Kent A., Richard U, sleske, keshlam, gnat
closed as off-topic by Kent A., Richard U, sleske, keshlam, gnat May 23 '16 at 15:12
This question appears to be off-topic. The users who voted to close gave this specific reason:
- "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – Kent A., Richard U, sleske, keshlam, gnat
"The SDK is under copyright" - what kind of copyright? What permissions does the copyright grant you?
– WorkerDrone
May 23 '16 at 13:15
The readme just says: "(c) COMPANY NAME AND ADDRESS The software is provided "as is" and the author disclaims all warranties with regard to this software including all implied warranties of merchantability and fitness. In no event shall the author be liable for any special, direct, indirect, or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of this software."
– Sempie
May 23 '16 at 13:17
1
That "readme" doesn't look like a copyright to me.
– WorkerDrone
May 23 '16 at 13:22
1
IANAL but if you used the code at work to make your own work easier then I would take that as code for your employer.
– paparazzo
May 23 '16 at 13:49
1
This looks like a purely legal question to me. Voting to close as off-topic. AFAIK, the answer would depend on the jurisdiction and type of employment contract.
– sleske
May 23 '16 at 14:29
 |Â
show 2 more comments
"The SDK is under copyright" - what kind of copyright? What permissions does the copyright grant you?
– WorkerDrone
May 23 '16 at 13:15
The readme just says: "(c) COMPANY NAME AND ADDRESS The software is provided "as is" and the author disclaims all warranties with regard to this software including all implied warranties of merchantability and fitness. In no event shall the author be liable for any special, direct, indirect, or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of this software."
– Sempie
May 23 '16 at 13:17
1
That "readme" doesn't look like a copyright to me.
– WorkerDrone
May 23 '16 at 13:22
1
IANAL but if you used the code at work to make your own work easier then I would take that as code for your employer.
– paparazzo
May 23 '16 at 13:49
1
This looks like a purely legal question to me. Voting to close as off-topic. AFAIK, the answer would depend on the jurisdiction and type of employment contract.
– sleske
May 23 '16 at 14:29
"The SDK is under copyright" - what kind of copyright? What permissions does the copyright grant you?
– WorkerDrone
May 23 '16 at 13:15
"The SDK is under copyright" - what kind of copyright? What permissions does the copyright grant you?
– WorkerDrone
May 23 '16 at 13:15
The readme just says: "(c) COMPANY NAME AND ADDRESS The software is provided "as is" and the author disclaims all warranties with regard to this software including all implied warranties of merchantability and fitness. In no event shall the author be liable for any special, direct, indirect, or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of this software."
– Sempie
May 23 '16 at 13:17
The readme just says: "(c) COMPANY NAME AND ADDRESS The software is provided "as is" and the author disclaims all warranties with regard to this software including all implied warranties of merchantability and fitness. In no event shall the author be liable for any special, direct, indirect, or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of this software."
– Sempie
May 23 '16 at 13:17
1
1
That "readme" doesn't look like a copyright to me.
– WorkerDrone
May 23 '16 at 13:22
That "readme" doesn't look like a copyright to me.
– WorkerDrone
May 23 '16 at 13:22
1
1
IANAL but if you used the code at work to make your own work easier then I would take that as code for your employer.
– paparazzo
May 23 '16 at 13:49
IANAL but if you used the code at work to make your own work easier then I would take that as code for your employer.
– paparazzo
May 23 '16 at 13:49
1
1
This looks like a purely legal question to me. Voting to close as off-topic. AFAIK, the answer would depend on the jurisdiction and type of employment contract.
– sleske
May 23 '16 at 14:29
This looks like a purely legal question to me. Voting to close as off-topic. AFAIK, the answer would depend on the jurisdiction and type of employment contract.
– sleske
May 23 '16 at 14:29
 |Â
show 2 more comments
2 Answers
2
active
oldest
votes
up vote
6
down vote
This is going to depend on the contract you signed.
Some employers do stipulate that all ideas created by the employee are theirs, no matter where and how they were created. Other employers are more lenient in what they claim as theirs.
Another point to consider is did you write your code on your own computer, or on a company supplied computer?
When it comes down to it you need to inspect your contract (which we can't do unless you hold it up to the monitor), plus IANAL, so I can't advise on legal issues.
answered May 23 '16 at 13:19
Peter M
4,01311224
Why the down vote?
– Peter M
May 23 '16 at 13:21
1
Some people seem to downvote answers they don't like, independent of correctness. I've stopped trying to understand drive-by downvotes.
– keshlam
May 23 '16 at 14:53
suggest improvements |Â
up vote
0
down vote
Does the company web site where the SDK can be downloaded require any kind of authentication and do you have to acknowledge the terms of service before downloading? It does not sound like its open to the public. If it is not, and your code could not have been written without the SDK, then the code you wrote is company property.
Maybe you could put a "credit" into your source code?
answered May 23 '16 at 13:34
HPWD
1012
You need to check your contract with the company. In our field the contract often does say the company would own this.
– keshlam
May 23 '16 at 14:56
1
This doesn't really make sense. As an analogy, I need to download the Java SDK in order to make a Java program. But that certainly doesn't mean that Oracle owns my Java program. Regardless of what their terms say.
– Brandin
May 23 '16 at 18:43
Brandin You ar eactually driving home my point. What you are overlooking is that Oracle makes their SDK available to the public and do not require a login to download it, only that you agree to their license agreement.
– HPWD
May 24 '16 at 18:33
suggest improvements |Â
2 Answers
2
active
oldest
votes
2 Answers
2
active
oldest
votes
active
oldest
votes
active
oldest
votes
up vote
6
down vote
This is going to depend on the contract you signed.
Some employers do stipulate that all ideas created by the employee are theirs, no matter where and how they were created. Other employers are more lenient in what they claim as theirs.
Another point to consider is did you write your code on your own computer, or on a company supplied computer?
When it comes down to it you need to inspect your contract (which we can't do unless you hold it up to the monitor), plus IANAL, so I can't advise on legal issues.
answered May 23 '16 at 13:19
Peter M
4,01311224
Why the down vote?
– Peter M
May 23 '16 at 13:21
1
Some people seem to downvote answers they don't like, independent of correctness. I've stopped trying to understand drive-by downvotes.
– keshlam
May 23 '16 at 14:53
suggest improvements |Â
up vote
6
down vote
This is going to depend on the contract you signed.
Some employers do stipulate that all ideas created by the employee are theirs, no matter where and how they were created. Other employers are more lenient in what they claim as theirs.
Another point to consider is did you write your code on your own computer, or on a company supplied computer?
When it comes down to it you need to inspect your contract (which we can't do unless you hold it up to the monitor), plus IANAL, so I can't advise on legal issues.
answered May 23 '16 at 13:19
Peter M
4,01311224
Why the down vote?
– Peter M
May 23 '16 at 13:21
1
Some people seem to downvote answers they don't like, independent of correctness. I've stopped trying to understand drive-by downvotes.
– keshlam
May 23 '16 at 14:53
suggest improvements |Â
up vote
6
down vote
up vote
6
down vote
This is going to depend on the contract you signed.
Some employers do stipulate that all ideas created by the employee are theirs, no matter where and how they were created. Other employers are more lenient in what they claim as theirs.
Another point to consider is did you write your code on your own computer, or on a company supplied computer?
When it comes down to it you need to inspect your contract (which we can't do unless you hold it up to the monitor), plus IANAL, so I can't advise on legal issues.
answered May 23 '16 at 13:19
Peter M
4,01311224
This is going to depend on the contract you signed.
Some employers do stipulate that all ideas created by the employee are theirs, no matter where and how they were created. Other employers are more lenient in what they claim as theirs.
Another point to consider is did you write your code on your own computer, or on a company supplied computer?
When it comes down to it you need to inspect your contract (which we can't do unless you hold it up to the monitor), plus IANAL, so I can't advise on legal issues.
answered May 23 '16 at 13:19
Peter M
4,01311224
answered May 23 '16 at 13:19
Peter M
4,01311224
answered May 23 '16 at 13:19
Peter M
4,01311224
answered May 23 '16 at 13:19
Peter M
4,01311224
4,01311224
Why the down vote?
– Peter M
May 23 '16 at 13:21
1
Some people seem to downvote answers they don't like, independent of correctness. I've stopped trying to understand drive-by downvotes.
– keshlam
May 23 '16 at 14:53
suggest improvements |Â
Why the down vote?
– Peter M
May 23 '16 at 13:21
1
Some people seem to downvote answers they don't like, independent of correctness. I've stopped trying to understand drive-by downvotes.
– keshlam
May 23 '16 at 14:53
Why the down vote?
– Peter M
May 23 '16 at 13:21
Why the down vote?
– Peter M
May 23 '16 at 13:21
1
1
Some people seem to downvote answers they don't like, independent of correctness. I've stopped trying to understand drive-by downvotes.
– keshlam
May 23 '16 at 14:53
Some people seem to downvote answers they don't like, independent of correctness. I've stopped trying to understand drive-by downvotes.
– keshlam
May 23 '16 at 14:53
suggest improvements |Â
up vote
0
down vote
Does the company web site where the SDK can be downloaded require any kind of authentication and do you have to acknowledge the terms of service before downloading? It does not sound like its open to the public. If it is not, and your code could not have been written without the SDK, then the code you wrote is company property.
Maybe you could put a "credit" into your source code?
answered May 23 '16 at 13:34
HPWD
1012
You need to check your contract with the company. In our field the contract often does say the company would own this.
– keshlam
May 23 '16 at 14:56
1
This doesn't really make sense. As an analogy, I need to download the Java SDK in order to make a Java program. But that certainly doesn't mean that Oracle owns my Java program. Regardless of what their terms say.
– Brandin
May 23 '16 at 18:43
Brandin You ar eactually driving home my point. What you are overlooking is that Oracle makes their SDK available to the public and do not require a login to download it, only that you agree to their license agreement.
– HPWD
May 24 '16 at 18:33
suggest improvements |Â
up vote
0
down vote
Does the company web site where the SDK can be downloaded require any kind of authentication and do you have to acknowledge the terms of service before downloading? It does not sound like its open to the public. If it is not, and your code could not have been written without the SDK, then the code you wrote is company property.
Maybe you could put a "credit" into your source code?
answered May 23 '16 at 13:34
HPWD
1012
You need to check your contract with the company. In our field the contract often does say the company would own this.
– keshlam
May 23 '16 at 14:56
1
This doesn't really make sense. As an analogy, I need to download the Java SDK in order to make a Java program. But that certainly doesn't mean that Oracle owns my Java program. Regardless of what their terms say.
– Brandin
May 23 '16 at 18:43
Brandin You ar eactually driving home my point. What you are overlooking is that Oracle makes their SDK available to the public and do not require a login to download it, only that you agree to their license agreement.
– HPWD
May 24 '16 at 18:33
suggest improvements |Â
up vote
0
down vote
up vote
0
down vote
Does the company web site where the SDK can be downloaded require any kind of authentication and do you have to acknowledge the terms of service before downloading? It does not sound like its open to the public. If it is not, and your code could not have been written without the SDK, then the code you wrote is company property.
Maybe you could put a "credit" into your source code?
answered May 23 '16 at 13:34
HPWD
1012
Does the company web site where the SDK can be downloaded require any kind of authentication and do you have to acknowledge the terms of service before downloading? It does not sound like its open to the public. If it is not, and your code could not have been written without the SDK, then the code you wrote is company property.
Maybe you could put a "credit" into your source code?
answered May 23 '16 at 13:34
HPWD
1012
answered May 23 '16 at 13:34
HPWD
1012
answered May 23 '16 at 13:34
HPWD
1012
answered May 23 '16 at 13:34
HPWD
1012
1012
You need to check your contract with the company. In our field the contract often does say the company would own this.
– keshlam
May 23 '16 at 14:56
1
This doesn't really make sense. As an analogy, I need to download the Java SDK in order to make a Java program. But that certainly doesn't mean that Oracle owns my Java program. Regardless of what their terms say.
– Brandin
May 23 '16 at 18:43
Brandin You ar eactually driving home my point. What you are overlooking is that Oracle makes their SDK available to the public and do not require a login to download it, only that you agree to their license agreement.
– HPWD
May 24 '16 at 18:33
suggest improvements |Â
You need to check your contract with the company. In our field the contract often does say the company would own this.
– keshlam
May 23 '16 at 14:56
1
This doesn't really make sense. As an analogy, I need to download the Java SDK in order to make a Java program. But that certainly doesn't mean that Oracle owns my Java program. Regardless of what their terms say.
– Brandin
May 23 '16 at 18:43
Brandin You ar eactually driving home my point. What you are overlooking is that Oracle makes their SDK available to the public and do not require a login to download it, only that you agree to their license agreement.
– HPWD
May 24 '16 at 18:33
You need to check your contract with the company. In our field the contract often does say the company would own this.
– keshlam
May 23 '16 at 14:56
You need to check your contract with the company. In our field the contract often does say the company would own this.
– keshlam
May 23 '16 at 14:56
1
1
This doesn't really make sense. As an analogy, I need to download the Java SDK in order to make a Java program. But that certainly doesn't mean that Oracle owns my Java program. Regardless of what their terms say.
– Brandin
May 23 '16 at 18:43
This doesn't really make sense. As an analogy, I need to download the Java SDK in order to make a Java program. But that certainly doesn't mean that Oracle owns my Java program. Regardless of what their terms say.
– Brandin
May 23 '16 at 18:43
Brandin You ar eactually driving home my point. What you are overlooking is that Oracle makes their SDK available to the public and do not require a login to download it, only that you agree to their license agreement.
– HPWD
May 24 '16 at 18:33
Brandin You ar eactually driving home my point. What you are overlooking is that Oracle makes their SDK available to the public and do not require a login to download it, only that you agree to their license agreement.
– HPWD
May 24 '16 at 18:33
suggest improvements |Â
"The SDK is under copyright" - what kind of copyright? What permissions does the copyright grant you?
– WorkerDrone
May 23 '16 at 13:15
The readme just says: "(c) COMPANY NAME AND ADDRESS The software is provided "as is" and the author disclaims all warranties with regard to this software including all implied warranties of merchantability and fitness. In no event shall the author be liable for any special, direct, indirect, or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of this software."
– Sempie
May 23 '16 at 13:17
1
That "readme" doesn't look like a copyright to me.
– WorkerDrone
May 23 '16 at 13:22
1
IANAL but if you used the code at work to make your own work easier then I would take that as code for your employer.
– paparazzo
May 23 '16 at 13:49
1
This looks like a purely legal question to me. Voting to close as off-topic. AFAIK, the answer would depend on the jurisdiction and type of employment contract.
– sleske
May 23 '16 at 14:29