I created a software package that aids electrical engineers with common calculations used on site (substations to be specific). I created the package in my own time, without being asked and without guidance. The package is now widely used within my company and I intend to distribute it nationally.
Do I own the copyright? My contract does state that all work produced is theirs, but this was outside of work and outside of my 'scope of work'. My company is mainly a civil and construction company and had no influence in the creation of the program.
From comments: This is the paragraph "During the course of your service, you will disclose to the company all information, formulae, processes, inventions or improvements which you have learned, discovered or evolved during the course of your service or in connection with the business of the company and will sign any necessary documents to enable the company to obtain patent protection whether still in the company service or not. " They are taking it seriously and have got their lawyers.
UPDATE::::::::::::::: email just received
As you know we've been pursuing the request you and your patent attorney raised earlier this year, paraphrased below:
... a patent attorney, who has advised me to seek official clarification from ** over the IP and copyright ownerships before I launch the company. In effect, they will produce a legal contract which states all IP and copyrights are owned by my self in exchange for free copies of ** for all MUS engineers. The free offer doesn’t extend to partner companies.
This review process has taken longer than hoped as we are obliged to review our contractual position with the ** and also with our employer **.
However, * are willing to release all IP an copyrights on the condition that we continue to use * for our ** engineers and receive a 15% royalty on the profits derived from the sale of **** licences over a term to be agreed.
I am more than happy to discuss this proposal with you at a mutually convenient time, and we can use your legal advisors or ours to draft a IP transfer agreement.