Developing software for my Company on the side. Legal Issues.?

Question

I work for a company in which I know the business very well. I have started developing a software package that still has about 1 more year of work before I can market it. It is a tool that starting to be very resourceful around my workplace. I don't even know where to start as far as securing it so my hard work wont be stolen by the IT Dept. I love my Job and have a good relationship with everyone. I'm trying to figure out a way to make $$$ from this package and still keep my job. It is a software package that is industry specific to this company and would be of valuable to the? Any suggestions.

I forgot to mention that I have a sales position and the software I am developing has nothing to do with my Job Description. I have a IT background and developing it on my own time with my own resources. It is web based on my server so my co-workers have access to it.

Answer 1

If you are doing any of the development at work, then you have a problem because they company can claim it as company property. If you have developed it entirely outside of work, contact a patent / copyright attorney about how to go about securing your software rights.

Here is a site with information on copyrighting software:
http://www.oppedahl.com/copyrights/

Answer 2

First, was the software written on company time, and using company equipment? If so, then you've already got your compensation, and the company owns the software, even if writing it is not in your job description.

Second, did you sign a non-disclosure and/or non-compete agreement? Either one might apply directly to your situation. Certainly at the very least, IF you designed the software on company time, and then you re-write something yourself outside the office, it would still violate the non-compete.

Third, you love your job and your fellow employees. Count yourself as luckier than most and don't mess with a good thing.

Answer 3

First you would have to check if your company has (or you signed) any agreement that intellectual property created in the company or by an employee during the course of employment belong to the company. Most don't have that.

Also, if you are using work hours to create the package, then they have legal claim to it in at least some respect. If you have created it only at your home and only off work time, your case is much better for personal rights.

If the program uses proprietary information of ANY kind, it would be very easy for the company to claim all rights to it.

Hope that at least gives you some direction

Answer 4

I will betcha that you signed away any rights to your own creations, when you accepted their job offer. Whatever you develop with their tools, on their time, is their property!

In fact, if ou have a prophetic dream, and code comes out of your hand onto paper as you sleep, you will have a hard time proving in court that they don't own that creative outpouring, also!
More reasons why I only do FOSS, CC, and GPL.

And, why I do NOT sign any non-compete or general non-disclosure clauses.

Answer 5

careful check legal advise think might belong to them for X number years after you leave company. What is your contract Use caution you need Legal advise not here.