How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Leon Your Own Question
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42661
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
12124641
Type Your Australia Law Question Here...
Leon is online now
A new question is answered every 9 seconds

I have an employee on wages that, as part of their job, is

Customer Question

Hi,
I have an employee on wages that, as part of their job, is required to produce electrical diagrams for switchboard construction. The company has provided a piece of software capable of doing this job on a company pc. The employee decided that they did not like this software and decided to use 'their own software' on their personal pc. The drawings are printed as PDF's, used in construction and sent to the client's. This is all being done during work time.
The question I have is, who owns the CAD files that are being created before being produced as PDF files?
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Morning

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

If it is a requirement that they use the software they cannot refuse.

If he has paid for his own software then he owns the software. But the work he does during work hours and for your clients is yours.

You own the copyright.

Here is some information

http://www.claytonutz.com/publications/edition/16_august_2012/20120816/its_developed_in_work_hours_with_the_employers_resources-can_the_employee_still_own_copyright.page

I hope this makes sense and is of assistance. If there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards

Leon

Customer: replied 1 year ago.
Hi Leon
Thanks for getting back to me.
I have one question, the answer that you provided and the link you supplied seem to contradict each other.
If the employee has used their own software but completed the drawings during paid hours then we own the cad files, correct?
If their contract does not stipulate that they should use the software provided and instead used their own software do we still have copyright ownership?
Sorry, two questions.Chris
Expert:  Leon replied 1 year ago.

Good Evening

They own the software. The work they do for you and your clients belongs to you as the employer.

Yes you own the copyright to the work he does.

He cannot keep the diagrams they are yours and if he leaves the employment all copies must be returned to you.

Expert:  Leon replied 1 year ago.

Good Afternoon

Are you still in need of assistance?

Related Australia Law Questions