Monday, July 08, 2013

Copyright Law - Third Circuit: Employee Can't Walk Off With Source Code

Software, Work-for-Hire Doctrine

Le v. City of Wilmington, 480 Fed.Appx. 678 (Third Circuit, April 24, 2012)(unpublished).  Disgruntled computer programmer working for City of Wilmington registers computer program designed to process traffic tickets with the Copyright Office.  Then leaves the office after removing the program’s source code from the computer.   Then sues for discrimination after being terminated.  Third Circuit affirms the district court’s finding that the computer program was a work-for-hire.  It was created as part of the employee’s duties, it used source code from other Wilmington-owned software and used other Wilmington resources in its creation and testing.
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