andy.... i'm not sure what country you work in, and i haven't really followed this thread, so this may already have been covered... within the US, copyrights are apparently the property of the person/entity that creates them, but there exceptions/rules: case 1: bob is a freelance. bob provides freelance work for comp 1. comp1 gets the use of the software to do with as they please within limits as they've paid bob for the work. however, bob owns the copyright to the work. case 2: bob is a freelance. bob provides freelance work for comp1. bob signs a contract with comp1, stating that comp1 will own the copyright to the work. comp1 gets the use of the software to do with as they please as they've paid bob for the work and they own the copyright. bob has no future claim to the work. case 3: bob is an employee of comp1. bob provides software/tech work for comp1. comp1 normally owns everything that bob produces and can do pretty much what they choose with his work product. the company more or less owns the work output, including copyright. bob gets a salary.... this case assumes that comp1 had bob sign a release agreement as a condition of his being hired. this is pretty much standard in the US... case 3a: bob is an employee of comp1. bob provides software/tech work for comp1. comp1 normally owns everything that bob produces and can do pretty much what they choose with his work product. the company more or less owns the work output, including copyright. bob gets a salary.... this case assumes that comp1 had bob sign a release agreement as a condition of his being hired. this is pretty much standard in the US... bob does work on a project on his own time, the project is somewhat related to his normal work. BOB NEEDS A LAWYER!!!!!!! this is were things get tricky, and in fact different courts within the US have ruled differently, depending on the situation. if bob is doing work on his own, that's even remotely related to his job, comp1 may claim/and win ownership of his work, arguing that his work is derivative of his job, and knowledge that he obtained as a result of his job. and at this point..bob needs a lawyer to determine how to proceed.... in researching this, i've come across a site "www.findlaw.com" that discusses some of the various nuances, with references to some of the court cases in this area. i've also come across a book by a Mr. Fishman (nolo press) that discusses web development and copyright issues. the book appears to be reasonably priced, i was able to get it at my local library!! it also contains a number of templates for contracts/agreements if you need them. i have no realtionship with either the company or the author... so... you are returned to your normal day!!! hope this helps... bruce bedouglas at earthlink.net -----Original Message----- From: thelist-bounces at lists.evolt.org [mailto:thelist-bounces at lists.evolt.org]On Behalf Of Andy Budd Sent: Wednesday, August 06, 2003 2:00 AM To: thelist at lists.evolt.org Subject: Re: [thelist] Charging for copyrights Cake wrote: > Andy Budd wrote: > >> Under UK (and international law I believe) if you create >> something you own the copyright. > > This being the case, am I right in presuming that's it true whether > you're a freelancer, or directly working for a company as an employee > (unless your contract of employment states otherwise) ? Sorry, it's actually the organization that creates it that gets copyright, not the individual. So if you're an employee of a company then the company own the copyright. However if you're a freelancer working for another company, you're a separate organization, not an employee so you own copyright. This means that if you're an employee and build a personal site in your work time, your employers own the copyright. However if a company brings you in on a project as a freelancer, unless specified in your contract, everything you create for that company, you own. -- * * Please support the community that supports you. * * http://evolt.org/help_support_evolt/ For unsubscribe and other options, including the Tip Harvester and archives of thelist go to: http://lists.evolt.org Workers of the Web, evolt !