Which License Should I Use?

Robert Kern robert.kern at gmail.com
Sat Nov 26 23:04:07 CET 2005


mojosam wrote:

> I would have to talk to a lawyer to be sure, but right now, I think I
> can argue that anything I do on my own time belongs to me.  I'm
> technically a consultant right now (even though I'm spending 40
> hours/week with the one "client").  I can take on other clients, as
> long as they don't directly compete.  This means they're hiring my
> expertise.  If I bring my own tools, that's part of my expertise.  I do
> recall there was a clause in the contract that anything I did on their
> time belonged to them.  For my next client, I should definitely include
> a clause about rereleasing open source changes.

You're in something of a gray area, but one that has seen a lot of
litigation. Although you are "technically" a consultant, you are
probably considered an employee with regards to the "work made for hire"
doctrine. You should probably have a chat with a lawyer soon (I am not
one! TINLA!).

As Steve Holden said, being open with your client and putting an
agreement in your contract is probably the best way to ensure that your
work will belong to you or, failing that, continue to be available to
you under an open source license.

-- 
Robert Kern
robert.kern at gmail.com

"In the fields of hell where the grass grows high
 Are the graves of dreams allowed to die."
  -- Richard Harter




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