Tennessee Software Copyright Assignment
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FAQ
If you are an employee: At the very least, your employer owns the code. Depending on your employment arrangement, what your employer owns may be broader than what you think. If you are a consultant (1099) and you have a contract that specifies that what you do is work for hire: The client owns your work.
Ownership Rights The default rule is that the developer owns these rights unless the software is classified as a work made for hire. This means that the developer is an employee of the client or that the two sides have agreed in writing that the software is a work made for hire.
As per section 19, assignment of copyright is valid only if it is in writing and signed by the assignor or his duly authorized agent. The assignment of a copyright in a work should identify the work and specify kind of rights assigned and the duration and territorial extent of such assignment.
It is important to remember that no single person, department or organisation actually owns any piece of software (apart from internally developed applications). Software publishers own all of the rights to the software; they are selling a license to use their product.
Copyright Belongs to the Authors Both source code and object code can be protected under copyright law. Generally speaking, the authors (or developers) of a piece of software own the copyright to the code from the moment it becomes fixed in a tangible form. No filings, registrations, or notices are required.
Since copyright is an inalienable right of people, all creators of software (even open source) retain ownership of their work. Because many people might contribute to a single open source project, it's possible for that one software to have many different sections being owned by whoever wrote the section.
Under copyright law, the author of a line of software code is the owner of the copyright in that code. That is, the person who physically puts fingers to the keyboard and types out the sequence of words and symbols that constitutes a line of software code is the author and owns the copyright to the code.
Computer software or programs are instructions that are executed by a computer. Software is protected under copyright law and the inventions related to software are protected under patent law.
Copyright is a form of property so it can be dealt with in similar ways to other forms of property. It can also be an asset and dealt with in accordance with financial regulations. Copyright can be sold (assigned), transferred or licensed.
The ownership of copyright typically goes to the person who has created a work. The work has to be in a tangible form; meaning, it cannot be just an idea. For instance, in the case of a software product, the code's copyright ownership goes to the person who wrote it, but only after they finished writing it.
