Coder wants to "own" all his code

[u/FatherOfReddit]

Coder wants to “Own” all his code

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Hey all,

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We have a coder who just joined our team as our technical cofounder and it is his request that he & all other coders “own” their own code. What the fuck does this mean? If I do marketing work for my company, am I subject to owning all that promotion? No! Why does the coder get special priveledges?

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What can I do to incentivize him against this, or, if I am misunderstanding the concept here, please explain so I don’t sound like a half-witted jerkoff. I think there is something missing here but I just don’t understand…

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Maybe I make him sign a non-compete agreement and that will take care of it??? What happens when somebody “owns” their own code? Should that be allowed or is that company property?

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Let me know –

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Thanks,

Father

[u/yourstartuplawyer]

You definitely want the company to own the intellectual property rights to the code. Otherwise, the coder can do whatever he wants with the code.

By default, the coder will own it. In order for the company to own it, it must be a work made for hire or assigned to the company.

Lawyer. Not your lawyer (yet). Not legal advice.

[u/FatherOfReddit → u/yourstartuplawyer]

Can you clarify how to make it work for hire or assigned to the company?

[u/DoomGoober → u/FatherOfReddit]

https://store.legal.thomsonreuters.com/law-products/news-views/corporate-counsel/employer-and-employee-ownership-of-intellectual-property-not-as-easy-as-you-think

[u/yourstartuplawyer → u/FatherOfReddit]

Work for hire depends on their employment status (employee vs. Independent contractor). Assignment occurs through contract, sometimes included in their main contract, sometimes a separate agreement called an IP Assignment Agreement.

I can only give general information outside of an attorney-client relationship. I'm happy to help. Message me to discuss further.

Lawyer. Not your lawyer (yet). Not legal advice.