software legal question

[fjorner]

So I work for a software company and have pitched an idea for a new website idea and they love it.

Who owns it?

What should I ask for as far as ownership of the concept?

 

[broon]

Usually anything you come up with is the company's property. Especially if you do any work on it while you are at work.

 

[yinan]

they do

 

[DaveSimmons]

Company time, company property.

It can even be tricky to keep ownership of work done on your own time, depending on what employment contracts you signed.

 

[mugs]

They do most likely. Work for hire.

 

[waggy]

they do.

you work for them right? you pitched the idea for a work site right? what would make you think you own it?

 

[fjorner]

I've been asked what i want out of this deal. I'm not sure what I can ask for. I think this small company is above taking my idea and running with it. Infact the company is considering starting up a new company for this project alone that I will have minority ownership in, then contracting out the original company (which I am an employee of) for labor. I'm guessing I really only own the concept, but what is that without execution? Should I ask to not be an employee of my current company, but a employee of my own existing LLC instead, contracted by the new concept company?

 

[FoBoT]

Originally posted by: fjorner
What should I ask for as far as ownership of the concept?

too late, they own everything you make

you can ask for a GC to Blockbuster or a couple of floopy disks from the suplly cabinet

 

[fjorner]

Originally posted by: FoBoT

Originally posted by: fjorner
What should I ask for as far as ownership of the concept?

too late, they own everything you make

I'm not sure about that.
1) They don't seem to think that way.
2) All it is at this point is an idea. Nothing has been implemented.

 

[LS20]

should have kept it a secret

 

[PokerGuy]

It depends. Most large companies now have items in the terms of employment basically saying that any ideas you come up with while employed with that company belong to the company. You get nothing.

I don't know what your particular situation is, but most likely, since you were employed by that company when you came up with the idea, your idea is part of your work activities and probably belongs to the company.

 

[fjorner]

Keep the ideas coming guys, this is helping.

Originally posted by: LS20
should have kept it a secret

Problem is I can't execute this idea myself. I don't have the employees or the technical knowho to bring it to fruition.

Originally posted by: PokerGuyIt depends. Most large companies now have items in the terms of employment basically saying that any ideas you come up with while employed with that company belong to the company. You get nothing.

I started at the company two MONTHS ago. Does it count that I came up with this idea two years ago and have been refining it ever since?

edit: been there two months, not years. Idea was started - and I have documentation of it - two years ago.

 

[pstylesss]

They asked you what you wanted, tell them. When I was hired I told them I wanted to retain all the intellectual rights to my code, they said ok. The deal is they can use anything I code for the city, but they are not permitted to sell it to other cities/orgs and keep profits (or sell it at all). I am allowed to sell anything I code to whoever I want for however much and the city doesn't see a nickel. But I am also not allowed to take away programs that I coded for the city either.

If it's that big of an idea, see if you can't become a partner or an officer.

 

[thepd7]

Originally posted by: fjorner

Originally posted by: FoBoT

Originally posted by: fjorner
What should I ask for as far as ownership of the concept?

too late, they own everything you make

I'm not sure about that.
1) They don't seem to think that way.
2) All it is at this point is an idea. Nothing has been implemented.

Awesome that your company is cool, but I am betting that you signed something at some point stating that anything you come up with on company time is theirs, ideas included.

Do you think the guys at TI who invented DLP own it? Hell no, TI does. Although I know for a fact they got huge ass bonuses.

 

[Throckmorton]

Originally posted by: fjorner
Keep the ideas coming guys, this is helping.

Originally posted by: LS20
should have kept it a secret

Problem is I can't execute this idea myself. I don't have the employees or the technical knowho to bring it to fruition.

Originally posted by: PokerGuyIt depends. Most large companies now have items in the terms of employment basically saying that any ideas you come up with while employed with that company belong to the company. You get nothing.

I started at the company two MONTHS ago. Does it count that I came up with this idea two years ago and have been refining it ever since?

edit: been there two months, not years. Idea was started - and I have documentation of it - two years ago.

I'm not giving you any of my ideas because they belong to ME. They are ALL MINE

 

[jjones]

Well, it's most likely they own it, but it is cool that they offered something for it. Ask for 20% interest in the new company and settle for 10% if they'll give it to you. It's best to make the deal as quickly as possible before they realize they don't want to give you anything.

okay, didn't read this earlier:

I started at the company two MONTHS ago. Does it count that I came up with this idea two years ago and have been refining it ever since?

This might be something to give you more legal rights to it then, but I know very little about IP rights. In any case, that might give you more leverage to get a decent piece of the action. Just remember, even though the idea is yours, unless you can put something into the project more than just the idea, you're not worth all that much.

 

[waggy]

Originally posted by: thepd7

Originally posted by: fjorner

Originally posted by: FoBoT

Originally posted by: fjorner
What should I ask for as far as ownership of the concept?

too late, they own everything you make

I'm not sure about that.
1) They don't seem to think that way.
2) All it is at this point is an idea. Nothing has been implemented.

Awesome that your company is cool, but I am betting that you signed something at some point stating that anything you come up with on company time is theirs, ideas included.

Do you think the guys at TI who invented DLP own it? Hell no, TI does. Although I know for a fact they got huge ass bonuses.

eyap its great they are offering him anything other then a bonuse.

he better take it and be happy.

 

[Xavier434]

Originally posted by: fjorner
I've been asked what i want out of this deal. I'm not sure what I can ask for. I think this small company is above taking my idea and running with it. Infact the company is considering starting up a new company for this project alone that I will have minority ownership in, then contracting out the original company (which I am an employee of) for labor. I'm guessing I really only own the concept, but what is that without execution? Should I ask to not be an employee of my current company, but a employee of my own existing LLC instead, contracted by the new concept company?

If their plan is to start a new company out of the idea then I would ask about the fine print of your "minority ownership" and try to increase whatever it is they are offering from that point. I would probably ask for a hefty bonus from the beginning just in case they screw it all up.

 

[JDMnAR1]

It sounds to me like you are trying to close the barn door after the horse is long gone. Thinking that you have any kind of bargaining power now that you have already divulged your idea is probably dead wrong, unless as you said you have documentation of your idea that clearly establishes when the idea came about that would be acceptable to a court of law. Even then, if you didn't do anything to protect that idea from a legal stanpoint (trademark, patent, ?) you may not have a legal leg to stand on. Most employment contracts I have seen lately includes language that anything you think of that is even remotely related to your job duties is owned by the company, and the fact that your company wants you to share in the proceeds is a bonus. That may say a lot about your company, but then again if you push too hard, they may quickly change their stance.

 

[seemingly random]

I think it's smart of them to approach you as they did. The promise of more rewards usually makes one work harder.

As to legal questions - you're not going to get good answers here. Talk to a lawyer that knows s/w business and IP issues. If this is serious, don't put it off or try to save money.