[nycphp-talk] how much to charge?

harvey list at
Tue Jan 18 17:15:21 EST 2005

> >Knowing that I "developed" it while I was at work (though web
> >programming is NOT the core of my work, it was more like a side
> >project).
>You should look into who legally owns your work.  It may be the company 
>and not
>you the individual.

If you developed the code at work while "on the clock", it is not yours. 
It's a "work for hire" and the copyright belongs to your employer.

"A copyright is owned by the artist who created the work, unless the artist 
sells the copyright or the work was "made for hire." Generally speaking, 
work made for hire is something that was created by an employee while on 
the job, or by an independent contractor who was hired to create the work. 
The copyright on work made for hire belongs to the employer or the party 
who commissioned the work.

An employee who writes an article, designs a web page, creates a computer 
program, or draws an illustration for a company publication is creating a 
work for hire. Even if the artist is not technically an employee, if a 
court determines an employment relationship exists between the artist and 
the employer, the artist will not own the copyright on his or her work. If 
an employee creates a work on his own time, it probably is not work for 
hire, even if the employee uses it on the job.


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