O
O
organizer7762021-04-09 09:00:39
Law in IT
organizer776, 2021-04-09 09:00:39

Using your own code in two places, is it real?

There is a code (mine) that is used at my main job, this is part or all of the plugin that is published on the market (for example, Bitrix). Are there any legal nuances in terms of owning the code and using it on the site of the institution?

== At once I will tell:
While I work the plug-in works. When I leave, I switch to the mode of either gratuitous use or an extended license (the year is updated and, then, does not break when the license ends).
There were no development tasks, but I made a plugin for the convenience of my work.

Answer the question

In order to leave comments, you need to log in

4 answer(s)
V
Vladimir Korotenko, 2021-04-09
@firedragon

Usually the employer insists on the transfer of all rights to the code developed under the labor agreement.
And it is right.
There are indeed nuances on both sides.
USA - royalty payments to authors if the code brings a lot of money.
Russia - claims against NGINX

C
cicatrix, 2021-04-09
@cicatrix

Most importantly: There must be very clear and unambiguous evidence that the code is really yours.
If your employer is using the code now for free, there should be at least some kind of EULA or offer agreement that the employer would accept by the mere fact of use. Upon dismissal, you must notify the employer of the change in the EULA and record the acceptance of the new offer. It would be ideal if there was any contract at all (even for 3 kopecks), in which the employer would acquire a fixed-term right to use. I think it will be easy to sneak such an agreement (especially if the amount is ridiculous) under the guise. Your representative can be a relative or legal entity. face if you don't want to burn yourself.
In this case, either when the EULA changes, your employer continues to pay, or stops using it.
The straw must be laid in advance.

D
Denis, 2021-04-09
@sidni

Depending on what contracts you signed when you got a job, the usual as they call "typical" contract implies the proprietary nature of all software, with the exception of the vendor part, when you connect any third-party developers.
And now, if you created a module, uploaded it to the packagist (github), stuck a license there and then connected this library to your site on Bitrix, then it’s OK - (usually if the office is more or less serious, it discusses every lib that they want to connect - just checking licenses and prospects (how long will it be supported and maybe it is worth developing your own and not depend on anyone))
Since if you have not discussed with the management that there is such a thing that performs certain functions and let's connect it, then this automatically means that the entire project code is the property of the organization and you cannot dispose of it at your discretion outside this organization (AGAIN NEED READ THE EMPLOYMENT CONTRACT and NDA)

A
Antonio Solo, 2021-04-09
@solotony

it all depends on 100500 details - when the plugin was developed, whether it is your job to develop such (like things), your specific agreement.
although if you take the situation - you worked "for your uncle", received salary. at the same time, I installed my plugin for it, for which you then begin to extort money threatening to make the site inoperable .... yes, here, friend, the Criminal Code suggests itself.

Didn't find what you were looking for?

Ask your question

Ask a Question

731 491 924 answers to any question