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Also IANAL,

As a SWE, all of my employment contracts explicitly state that code that I wrote for the company is owned by the company. Just because he was paid for services does not mean that the company owns the copyright of the code he wrote.



If I pay a photographer for services, the photographer owns the copyright unless we agree otherwise in a contract. If there is no agreement, the creator owns the work.


My (very limited) understanding is that the rule about works for hire only applies to non-employee contractors under certain tightly defined circumstances. Actually employing a photographer as an employee would mean you own the copyright, paying the photographer as a contractor would not.


Correct.


Depends on the jurisdiction. Where I live, the employer has an implicit exclusive license to the IP produced by their employees. In theory, employees can even rescind that license but will need to compensate the business (in practice I don't think that's actually possible, the monetary damages to the employer would be ridiculous).


I was speaking from a US perspective.

What jurisdiction do you work in?


Sorry to be even more anal but that has nothing to do with Sweden.

I live and work in Sweden too and I am able to dictate those parts of my contract. Especially as I do a lot of open source work.


SWE refers to software engineer, not being a Swede.


Oic, I had never seen that term used before.


SWE = software engineer?




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