Independent Contractor Code Rights

Summary

As an independent contractor, your rights to code ownership and compensation depend on your contract terms. Without a current agreement, you may have leverage in negotiations, especially if the non-profit relies on your work. Review any existing contracts for clauses on code ownership and compensation. If no recent contract exists, you might negotiate based on past agreements. Consider consulting an employment attorney for personalized advice.

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I work for and am an independent contractor software engineer for a non-profit. We had been signing statements of work for each round of updates and payments, but we haven't signed anything for over a year, but I still get tiny monthly payments for my work. We're fundraising and I'm very unhappy that I am not being compensated fairly for my past work and I'm unhappy with my position in the fundraising scenarios that have been planned. The executive director led me to believe she couldn't wait to pay me fairly for my work some day. Do I have any leverage for negotiation? If they want me to hand over the code, can I hand over code that is from the last agreement we had (so not the code I've been working on since the last thing I signed?)
Hi ****! It seems like you have a few complex issues here. Let me ask this: Are you currently under any written contract or agreement with them that might outline your rights to the code or your compensation?
Yes, can I upload it?
Hi ****! Unfortunately, I cannot accept file uploads. However, you can describe the key points of the contract here. This will help me understand your situation better and provide you with the appropriate information. Are there specific clauses about ownership of the code and compensation?
"WHEREAS, from the Effective Date until the termination of the Services Agreement, Individual agrees to assign, and Company agrees to acquire for no further rights, obligations or consideration, all rights, title and interest (including patent rights, copyright rights, trade secret rights, trademark rights, and all other intellectual and industrial property rights of any sort throughout the world) relating to any and all inventions (whether or not patentable), technologies, works of authorship, software, designations, designs, know-how, ideas and information which are made or conceived or reduced to practice, in whole or in part, by Individual, solely to the extent that arise out of the services (as defined in the Services Agreement) and any future statements of work thereunder (together, with the First Stage Development, the “Work Product”); provided, however, that should a statement of work indicate that consideration is required, Company agrees to pay such consideration."
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****, based on the clause you provided, it appears that the company has rights to all work you've created under the agreement, but they should compensate you if a statement of work requires it. Here are some general points to consider:
- Ownership: The company owns the work you create related to your services.
- Compensation: If a statement of work specifies, you should be paid accordingly.
To better understand your leverage in negotiation, you might want to consult with an employment attorney. Would you like to know how to find one in Pennsylvania?
What if I've been working without statements of work? The company doesn't own that work, does it?
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****, here's a general overview based on your situation:
- Without a signed statement of work, it may be challenging for the company to claim ownership of the work created during that period.
- However, if your initial agreement covers ongoing work, they might still have rights.
Would you like to know more about finding an employment attorney in Pennsylvania?
Yes
Case Rating: *
Would you like to be connected to local lawyers who can better assist you with your case?
If yes, I will need to gather some information. Can you give me a bit more information about the issue?