If you work for a corporation and you write a program on your own time, not company time, you are not compensated for your time, the Corporation after their legal department review uses your program as a mandatory education program. Who owns program.

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If you work for a corporation and you write a program on your own time, not company time, you are not compensated for your time, the Corporation after their legal department review uses your program as a mandatory education program. Who owns program.

A self defense and verbal de-escalation
program written by a martial artist on his own
time. Presented to a health care facility and
accepted by said facility for mandatory training.
No compensation for time spent received.

Asked on December 1, 2017 under Employment Labor Law, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The program would belong to the company if any of the following occurred or was the case:
1) The employee wrote it on company time (which you state did not occur).
2) The employee used resources, materials, equipment (including computer equipment) or information from the company to write the program.
3) The program was related to the employee's job, so even if he/she did it not write it at work and did not use company resources, etc., creating the program could be seen as part of his/her employment.
4) The employee gave the rights to the company in some way, either explictily (by signing some agreement giving them the rights to this program specifically or more generally to any program developed while employed there) or implicitly (such as by letting the company use and/or present it to others without first reserving, in writing, his or her own rights to the program--letting the company make use of it, present it to to clients, etc. without stating first the employee remained the owner and getting company agreement to that would likely be seen as giving the program to the company).


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption