Published on July 29, 2010 By ReuelKB In Business

 

Not sure if this is the proper category for this question, but here it goes.

I understand that if you contract yourself out as a programmer, your work can be classified as 'Work for Hire', in which case the employer would own all the copyrights to the code. Now, obviously in this case, I'll likely have a copy of the code, and even if I delete it (would I be legally bound to delete it?), a good chunk of the structure and stuff would be in my head.

The first question I guess is, let's say a different employer hired me to do something quite similar to that of the previous employer. Would I have to start from scratch, purposely doing as many things different as I could from the previous program? How different does the code have to be? I'm assuming that just changing the names of some variables is not sufficient, but how would you determine where to draw the line?

This question would apply to the U.S. by the way, since I think that makes a difference. Anyone have any ideas or know where to look (I've tried searching online without too much luck to this particular situation)?

Thanks.


Comments
on Jul 30, 2010

I use to be a contract programmer.  And every bit of code we wrote we had to put in comments about "Copyrighted by XXXX Consultants, inc".  did that make a difference?  In most cases probably not.

Why that company did it was if they decided to sell it to another organization.  However I also worked on one project where the agency sought to CopyRight it for themselves (and then sell it).  They did get the actual copyright, but it was a long process. 

So I think the finished process would get you in trouble.  But re-using sub-routines or algorithms probably would not.  That being said, with all these law suits lately (like the RIM one), perhaps they would.  They are trying to copyright everything, and will succeed on some.