Ownership of Databases

[mrfostoyou]

I work for a small charitable organisation and have developed quite a complex databse system for them. The database was done mainly during working hours in my normal course of works. I am shortly to leave my job and wondered what my position would be with regard to ownership of the database. There is nothing in my conditions of service that says any such items created as part of my work belongs to the Company and they have exclusive rights to them. I would like to be able to either sell them my work or charge a small fee for its usage. What is the legal position over something like this?

[Ethel]

No you can't - and I am sure you know this.

If it is a database of names then it will covered by the DPA in any case.

But it goes without saying that work done in company time for the company belongs to the company.
Here is some case law that demonstrates the point quite nicely:

http://www.personneltoday.com/articles/2007/07 /17/41509/ownership-of-contacts-lists-after-em ployment-has-ended.html

And a comment relating to statutory law:
if a copyright work is created by an employee it is the employer who is the first owner of the copyright provided the work was created in the course of the employee's employment.

http://www.out-law.com/page-5698

[mrfostoyou]

Many thanks for the quick reply. I was not interested in the data contained in the database, merely the structure and the rights to its use, but you have answered my question.

[starmack]

If you had done this from home on a contract for service rather than a contract of service (in office etc) it might have been different.

Sympathise with you. Been there.

[Ethel]

Now you have clarified that you don't want the actual data, then there is no reason why you can't discuss this with your employer.

Make it clear it is the structure of the database, not the contents, you wish to develop privately for commercial purposes.

They may be supportive - they may be willing to negotiate a fee for the transfer of rights.

If they refuse point blank there is nothing you can do, but you won't know until you try.

Good luck.

[VillageVicar]

Ethel�s answer was excellent. It reminded me of an airline in the states called Delta. Two ladies who worked there created an �energy� drink in the early seventies. They discussed the idea and ingredients whilst on breaks at work. But they made their first concoctions at home.

But they then carried samples of it to Delta employees to try. The staff loved it. Eventually the ladies copyrighted the product and began marketing it. They left the company. But�and part of this I�m not clear on�they sued the airline for all of their pension benefits, although they were leaving about 15-20 years earlier than their natural retirement date. The airline counter-sued AND sued for ownership of the product (which I believe they would not have done had the ladies simply left).

The ladies lost the case and they lost the appeal. All of their work, formulations, and even sketches of the first logo design had been done whilst on breaks at work.

It was an interesting case story. There are many like this throughout the world.

I also agree with Ethel about the structure. I would imagine, if you used common software in the structure design, it might be a moot issue anyway.

I wish you every success

Fr Bill

[Peter Pedant]

You know the padlocky thing that pops up when you send confidential data ? on a computer RSI - made the patentees an absolute mint

IT was first developed by GCHQ for sending codes about twenty years before. The inventors were quite philosphical about this.....we invented the system in company time (British intelligence/GCHQ) and so clearly it belonged to the Spooks.
I think they got a small gong instead.


pp

[light186282]

The Database & data is theirs, but you own the IP unless you signed a contract. The thought process you had, to think out the database is in your head and goes with you - thats IP.
Go to a specialist computer law firm to confirm it. But we had a guy we employed who did the same. We did not have a contract and the IP was his, although the DB and Data was ours.
The questioni is do they need your help going forward ? If they do, exploite the moment and strike the best deal.

[mrfostoyou]

Thanks for all your help, I am now working out my notice at home, because they think I may damage the database. However I am a little more professional than they are and would not dream of such a thing.

Unfortunately for them they do not have anyone who has the knowledge to sort out my Db, so if they require help after I have left - it will cost them. LOL

[PrettyAna80]

Get more information as well as reviews on logo design including charity organization logos on company logos at http://www.companylogos.ws/