>> Intellectual Property

[Jonathan Parminter]

Hi, Just wondering whether you can help to clarify the IP
(Intellectual Property) of a database. I'm unclear as to
what you can copyright.

For example:
If I create a database to store client information and
service details, how is the unique as storing this type of
information is a typical purpose for a database (what is
my IP)?

If a client provides the details required in a report, is
the report their IP or the developer who creates the
report?

If a developer creates a form to which the client then
adds their recommendations for improvement, who has the IP?

Thank you

Jonathan

 

[Jonathan Parminter]

Thanks BC.

The situation is that someone has a copy of a database I
created and intends to develop their own version to market
in direct competition.

I am about to contact a lawyer about this, but just wanted
to get an idea from other users. My impression from
newsletters and magazines is that the question of IP is
not clearcut and is causing concern throughout the
industry.

Jonathan

-----Original Message-----
The IP belongs to the client. All product devoloped while "on the client's
dime" will belong to the client unless otherwise described in a contract.
Most software development companies typically include clauses within their
employment contracts specifying rights of IP. It becomes a bit more iffy when
it is contract work. In instances such as building a database for a client.
The client owns the database, but, not the code behind the database or the
building process. It is similar to a construction project where the client
would own the house. But, not the machines and tools used to build the house.
The client can turn around and sell that specific house.
There are many points to figure out that really would need the attention of
a qualified contract lawyer who has specific experience with software cases.

Points to consider:
Was the product intention discussed? (For

personal/business, resale, etc.)