Robert Kiesling wrote:
> Also, if the student is in the employ of the university, can the
> university claim it has a right to the work, as many companies do for
> the original work of their employees?
>
> I think the whole subject of the debate is paternalistic and
> big-brotherish, personally,
If he did it as part of his employment, then the employer has
the rights to the work and derivatives.
If he did it on his own, and happened to be employed on an
unrelated task, it is his.
If it was tangential but related to what he was employed for,
it's tricky and the safest course for both employee and employer
is to come to an equitable agreement on the assumption that it
belongs to both.
Basically, the employment contract is 'we pay you to make things
for us', whether the 'things' are physical or intellectual. (ok,
for service industries the word is 'do' rather than 'make' but the
gist is the same.)
Therefore, the results of what you 'make' while on the task belong,
legally and morally, to the employer. Even if you get paid X amount
and the thing is worth X^10 or X^100. You agreed to being paid X
now, not X^100 later.
That's the rough outline - based on Australian law, but AFAIK
pretty close to most country's policies.
EXPANSION:
If you are employed, and do something 'for the company', on your
own time or in company time, the company owns it.
If you do something 'in company time', even if you only do a single
compilation at five minutes to five one Friday evening, the company
can legally lay claim to the whole thing. Even if you spent ten
years on it outside working hours.
DANGEROUS EXCEPTION TO THIS:
My husband keeps being given employment contracts to sign which
essentially say 'If you come up with anything at all which is
patentable during the time you are employed with us, it belongs
to us'. This does NOT say 'in working hours' or 'on the task we
assign'. It's flat. ANYTHING. Regardless of whether he was paid
for it or not.
He crosses that clause out. But if you sign a contract with such
a clause - don't do anything profitable in your off hours!
Jenn V.
--
"We're repairing the coolant loop of a nuclear fusion reactor.
This is women's work!"
Helix, Freefall. http://www.purrsia.com/freefall/
Jenn Vesperman [EMAIL PROTECTED] http://www.simegen.com/~jenn
************
[EMAIL PROTECTED] http://www.linuxchix.org
