#Hmmm
22 messages in this thread
Now don't everyone attack me…I'm not taking sides just asking a question.
Lets say a software company goes out of business. Now the way the laws are
written, is the software you bought from them while they were still in
business protected, or is it 'a free for all' to distribute?
Dave
Elite MicroComputers 908-541-4214 – via Whap!
The copyright on the software still stands, and the software can't be
distributed. That's because even though the business went under,
*someone* still owns the copyright (generally one of the principals in the
company), and has the rights to the product. That's why ever so often
you'll see a company go under, and then a few months later another company
will start distributing the first company's software.
Steve
Steve,
Just out of curiosity, do you know how long a copyright on software
lasts?
-Sean
Sean,
I'm doing this from memory…so I could be wrong..it's been a while
since I looked it up. But I believe that a copyright expires 17 years
after the death of the original author, or after 75 years, whichever comes
first.
Don
Don,
I'm not sure if you're going to get two messages on this or not, my
machine just crashed and it's not showing any record of a post on
AP…Anyhow, thanks for the info on copyrights. Do you think there's any
corelation between copyright on paper versus software?
-Sean
I think it lasts for the life of the author plus 75 years. I'd have to
look it up.
Anyway….I'd be mighty impressed if someone was able to take advantage of
a copyrighted program after that length of time. :*)
Steve
The Copyrights are still in force. A copyright is issued to the author,
not just the company, in much the same way a patent is issued.
I don't think your right about that…..becuase if the author left the
company he could take everything he wrote with him, not a wise investment
on the companies part.
Dave
Elite MicroComputers 908-541-4214 – via Whap!
Dave,
If it was a 'work for hire' or in the scope of the employee's
employment, then the company owns the copyright. In any other case, the
author retains the copyright, but any company that doesn't buy exclusive
rights (thus for all intents and purposes…owns the copyright) under those
conditions…deserves what they get if the author leaves and takes the
copyright with them.
Don
It depends. Most corporations (including the US government) can claim the
rights to anything developed or published by an employee, if the work was
produced at the direction of the company. For instance, I have a friend
who many years ago invented the overhead projector while working for the
government. All she got was a $50 bonus.
MIchael;
You might want to take a look at more recent law on copyrights. The
courts used to just about grant anything to the employer. Now they are
holding that unless the contract with the employee specifically confers
copyright of intellectual work to the employer then the employee holds
same.
I would not want to "take on" one of the big boys with that but…
-bill
Bill,
The way I understood it is that only applies to 'contract' programmers.
(ie. work for hire) if the relationship is employee/employer then the
employer is the copyright holder.
Dean
DKB Software
Dean;
You could very well be right. This is not a matter for one that is
involved to take casually, however I did think that both situations were
similar now.
-bill
Bill,
I agree with Dean. Employee's come under the 'scope of their
employment' provisions.
Don
Don,
Dean is indeed correct. However, employees only come under the "scope
of their employment" provision, if the copyrighted material was actually
created in the scope of their employment. The case law has shown that not
all software created by someone, who happened to work for someone else at
the time, is ipso facto created in the scope of their employment.
Dom Fontana
<– Sent from New York via AutoPilot –>
Dom,
Absolutely…I was speaking of the software also being created
within the scope of their employment. If, as a store clerk, on my own
time, develop POS software…the store doesn't automaticaly own it. There
is some grey area, but not alot.
Don
Don,
The store clerk example is true, but I was talking about a software
programmer who works for a developer, who develops software on his own
time.
Dom Fontana
<– Sent from New York via AutoPilot –>
Dom,
Ok, with a software developer who develops software on his/her own
time…still a grey area according to what I've read in the popular press
about such issues. For example, what if I (the software developer) stay
after hours and use the company's computers to develop this software. Or
what if I take an idea I've heard a manager talk about to another
programmer and decide I like the idea and use it in a commercial product.
Or what if I "borrow" snippets of code I've developed for the company and
apply it to my own program.
Now, if I do everything completely outside the work environment,
that is…program conception, coding, etc. then that's clearly the
property of the programmer.
Don
Don;
Could very well be right but I suspect that the job definition or
employment contract has to indicate that now. (naturally anyone that
tried to act and did not get expert legal opinion on this is a fool).
-bill
Dave,
I'll cite a specific example. A game that I've been involved with,
"Empire – Wargame of the Century" was published by Interstel, who had a
license to publish this game from the holders of the copyright. About a
year ago, this license to publish was rescinded (in accordance with the
terms of the original contract), which means that Interstel no longer can
sell the game. Interstel may or may not still be in business. The game
is no longer in print.
However, the game is still the intellectual property of the holders of
the copyright, and they have licensed their property to my company (White
Wolf Productions). We do have plans for the game, which is why we have
made the investment to acquire the rights. We will be releasing a new,
greatly improved version of the game (to be called Empire Deluxe).
However, if folks were to take the attitude that the original game were
freely distributable, we would be damaged by this action. It is not a
"free for all" – the original copyrights are still valid and enforcable.
The only way for a product to be legally distributable is if the owner
of the copyright (or his successors) were to EXPLICITLY grant such rights.
One cannot make such an assumption simply because a company ceases to
exist. Whenever a company goes out of business, the assets of that
company (whatever remains) must be disbursed in some manner. The
copyrights held by that company are part of those assets, so _someone_
would still own the rights.
Hope this clarifies…..
– BobR
Dave,
This has been one of the stickiest of all problems for me to decide. I've
asked many of the people I trust most what to do about this, and they
cannot decide, either. My particular example was of a word processor
written for the Commodore 8032 machine. It is no longer available
anywhere. The company that published it has long since been out of
business. The author of the software has no financial interest in it,
having sold it to the publisher back around 1979-80, and has told one of
my friends that he has no objection to its being distributed. There are
still people using those machines, and they need this excellent
word-processor. To make it even worse, that software was ROM-protected.
I'm quite capable of creating those ROMs, but what about the morals of it?
Also, I was given a non-protected version of the program many years ago
when both of my ROM slots were filled and I needed to use a third
ROM-protected program. I've never passed that along to anyone – but would
it be improper to do so now? The machine and the program are obsolete for
most people these days, but I still cannot bring myself to give away this
commercial software.
—Betty
Dave,
I haven't read the other replies…but hope they say the same:
Yes, the software is still protected by the copyright laws. It
makes no difference if the corporate entity still exists, the copyright was
an asset of the company and would have been divided up along with the other
assets. And all else failing, the copyright would revert to the author of
the software.
Don