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From: imp@crayview.msi.umn.edu (Chuck Lukaszewski)
Newsgroups: comp.sys.mac.programmer,comp.software-eng
Subject: Re: Work for Hire contracts
Summary: Work-for-hire is OK but...
Message-ID: <6682@umn-cs.cs.umn.edu>
Date: 16 Aug 88 05:33:23 GMT
References: <496@hudson.acc.virginia.edu> <25636@ucbvax.BERKELEY.EDU> <25638@ucbvax.BERKELEY.EDU>
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In article <25638@ucbvax.BERKELEY.EDU>, oster@dewey.soe.berkeley.edu (David Phillip Oster) writes:
> Hire" is completely unfair. Think twice before you
> sign any "work for hire" contract, and better yet,
> refuse to sign.
> 

Please reconsider your opinion.  Do you mean to imply that no one should be
able to buy pieces of art -- that we must simply license them?  Do you mean
to imply that the video movies we buy at the store should be revokable at any
time?  That we license toilet tissue?

In all seriousness, the point of work-for-hire is that you get compensated
to develop a program.  It sounds to me like you just wrote a piece of software
and realized too late how much it was really worth.  Well, that is why you
negotiate up front.  In fairness to you, there are many many software companies
that do nothing more than exploit programmers.  But if you are indeed compet-
ent, and especially if you have specialized knowledge, you can set a price and
negotiate it.  And you have the power to say 'no' at all times.

I've been burned and I've had some good experiences in doing contract work.
I know the legal ramifications.  And I think that it is a very reasonable way
of doing the work.  Besides, most companies won't hear of not owning the soft-
ware that the contract out.  What happens when you get hit by a train and you
are the only posessor of the source code to XYZ company's accounting package?
No, as the president of a computer-aware company that is unacceptable to me.

BTW, there are tremendous tax and benefit advantages to a work-for-hire.  The
law differs from state to state, but at some point recently, for example, a
work-for-hire in California meant that you were entitled to benefits from that
corporation.  And there are limitations on social security that you have to
pay if it states in the contract that you are an 'independent contractor.'

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