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i have developed 2 vb.net applications which are useful in the company i work for. the company loves both applications. They even requested revisions to both. i currently have sole possecsion of the apps.

i work as helpdesk

1 application i developed both at home and in between calls. it monitors tickets and searches and does a bunch of other things

2 application i was asked to write by my employer that scans details and creates a form and reverse form to application. i started it at work, but 90% was completed at home

my contract is not app dev and i am not sure where my rights are with this. i would appreciate some advice regarding this. I currently have all the code and it is not my job to develope apps, it just happens i know how to code.

i live in toronto ontario canada in case someone knows specifics on this kind of stuff for my region.

tyia
GPrime
Posted
Updated 15-Mar-11 6:02am
v2

You'd have to get advice form a lawyer as to the specific law applicable in your region. Start by checking your employment contract: even if you are in support there may be a clause in there that vests the copyright to anything you develop whilst in their employ to them. A very sticky area; even if you have developed these applications in your off time you say that they were partly developed at your place of employ and they appear to interface with existing systems which the company may claim copyright to or otherwise own. Bottom line: don't listen to any of us: we're not lawyers: go get proper advice.
 
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Sergey Alexandrovich Kryukov 15-Mar-11 14:02pm    
Not quite agree, see my Answer, please.
--SA
R. Giskard Reventlov 15-Mar-11 14:07pm    
I think you are giving very bad advice when you say you don't think a lawyer can help - see my comment! (I'm getting the feeling you like to disagree to try and set more stock by the solutions you offer).
Sergey Alexandrovich Kryukov 15-Mar-11 16:13pm    
No, I only trying to get a good advice to OP. You see, with lawyer he will spend money, and the result. I did not argue against "a lawyer can help". By the way, I don't really see a conflict of interests. Even when using a layers, I suggests the steps which is normal communication with the management. Layers by definition helps when there is a conflict.
--SA
I agree with Digital Man's advice, but add that generally anything that is developed in any way at work, belongs to them, but you can negotiate a price for it.
 
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Sergey Alexandrovich Kryukov 15-Mar-11 14:05pm    
Dalek, this is much more delicate issue than that. "Belongs to them" is also not obvious, in this situation. The real question is how to proceed with the relationship and self-promotion in the company. Will you see my Answer.
--SA
GPrime69 15-Mar-11 15:33pm    
i think it belongs to them as well. from advice from digialman i reread my contract states

"ME=(IC) hereby agrees that all computer programs, designs, files
records, documents, specifications, methods performed and/or created by IC on this assignment,including letters, notes, notebooks and similar items relating to the business of the Client and/or RECRUITER, whether prepared by IC or otherwise coming into IC's possession during this Agreement shall remain the exclusive property of the Client or RECRUITER."

bottom line i would like to get more money on this, however, i don't want to stir the water too rough. i would also like to build myself a new position whereas i am the only one who can fill.
This is a complex question, and I don't think the lawyer will help you. If you break up with the company and want more compensation for your work and/or legally clear rights for some of the software you developed (that can be possible because you did not develop it under terms of your contract at the expense of working time), this would be a completely different story, but it that what you want?

I guess you only want to get more appreciation and perhaps extra money for your work. When you're working in the company and want to continue, all your benefits go from your company.

Most likely, it's not someone's fault that you did some work without proper payment. It looks like you implicitly volunteered. You simply need to talk to the management and make them understanding your concerns. Normally, it should be in the interest of the management if you get more satisfaction. You need to try to get them interested in your work, explain what you expect in compensation and what you can promise to deliver in return. You need to stress on positive aspects and make it a proposal. Don't You should understand that for the management it's a cumbersome situation, too, especially if they feel the situation went too far in wrong direction. Don't keep them puzzled, take some of the management side and suggest the resolution of the situation to the common good. If it is really reasonable, the management people will only feel relaxed about the fact there is a resolution.

[EDIT]
Who knows, maybe what you have done so far with your volunteering work is the best step you have made in your carrier? Maybe, you can turn this into self-promotion? If you demonstrated initiative and skills and things like that. Think positive!


—SA
 
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v2
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R. Giskard Reventlov 15-Mar-11 14:04pm    
You don't think the lawyer would help? I'm definitely going to sue you for something: only a fool has himself for a lawyer.
Sergey Alexandrovich Kryukov 15-Mar-11 14:14pm    
I explained. Lawyer will take a lot of money. It it is affordable, sure it will help. First of all, it's good to know one's own rights. How about the balance? How much OP can get for extra work? So, how about the balance? What I suggest it outside the legal area, this is normal relationships in the company.
--SA
Gregory Gadow 15-Mar-11 18:35pm    
I have to agree with digital man and the others. This is a matter of contract law, which is very complex in most countries. GPrime69 and others in the same situation can end up with a lot of grief if they don't get proper advice, I've seen it happen far too many times.
Sergey Alexandrovich Kryukov 15-Mar-11 19:01pm    
First of all, I agree the contract is the key point #1.
I would still try with the management, and if the administration/personal ways are exhausted, would think about the legal. In all cases, consulting with the lawyers as a fist step is most useful, but how about the price?

Wait a minute... Gregory, you're from US, as well as OP, me too, and digital man from UK. You know, the matter can be different in different countries. You know what, it's becoming interesting. I wonder now what my friend will say, who is an American lawyer...

--SA

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