[LAD] students and copyright

Ralf Mardorf ralf.mardorf at alice-dsl.net
Thu Aug 6 10:15:29 UTC 2009


drew Roberts wrote:
> On Sunday 02 August 2009 09:41:57 Arnold Krille wrote:
>   
>> Standard contracts for employees include that the copyrights of their
>> productive work during company time is property of the company. And that
>> includes software...
>>
>> Arnold
>>     
>
> OK, but what about the copyrights of their non productive work during company 
> time?
>
> Or is all copyrightable work done on company time legally deemed to be 
> *productive* ??? ~;-)
>
> all the best,
>
> drew

This is a well known problem. If it's not part of the contract and by 
standard contracts it isn't, you have the copyright to what you make not 
for your employer.

It might be that you program something, not under the GPL, not open 
source, that has the same function as what you programmed for your employer.

1. Maybe you used the same routines, but nobody can know this.
2. Maybe you were writing a compete new program.

I worked as engineer for Brauner some years ago, am I allowed to develop 
and distribute a microphone today by all the knowledge I've got from the 
time I worked for Brauner?

I guess the answers will differ to the countries we are living in. 
Brauner don't pay me any more, I don't got a compensation to be quiet 
and in Germany many people are unemployed. So I'm allowed to do so.

I only see a problem for a coder who do program 2 applications doing the 
same, one for his employer and the other under the GPL or what ever 
licences. I guess this is something a court needs to decide by asking 
programming experts ;).



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