Legal Question
Legal Question
(OP)
I had designed a control system, program the PLC, and develop the OIT screens for a certain customer. They required the logic and screens for validation. They also required panel layout drawings and schematics for their approval.
Do they have the right to take my design and programming and build several more control system just like it on their own?
I had put a copyright notice on one of the screens, anticipating this. I also have a disclaimer on each CAD drawing they received.
They say they can do whatever they want with it once they have it. I don't think so. There must be some protection.
Can they legally do this?
I clearly sold them the panel, not the design or the software.
Do they have the right to take my design and programming and build several more control system just like it on their own?
I had put a copyright notice on one of the screens, anticipating this. I also have a disclaimer on each CAD drawing they received.
They say they can do whatever they want with it once they have it. I don't think so. There must be some protection.
Can they legally do this?
I clearly sold them the panel, not the design or the software.





RE: Legal Question
If they came to you and said we want one of your AT56-27s here's the money. Then they did not pay for any of the design and have no rights to it's design.
Now, you can have a box with a bunch of features and a PLC in it with some standard functional code. They show up and want it to specifically mix egg nog. At this point you need to make sure your agreement in writing states that the fee you charge is a "configuration charge" and that they will own no rights to the code. At that point you need to use the PLC's password protection.
Keith Cress
kcress - http://www.flaminsystems.com
RE: Legal Question
RE: Legal Question
"I had designed a control system, program the PLC, and develop the OIT screens for a certain customer"
Even that statement implies that the work you did was for that customer and that they paid for it.
But it really depends on your contractual arrangement.
I can hardly believe that you completed the project before these issues came up. It is a very well known issue you should have covered it in your original quote.
Next time no doubt you will.
RE: Legal Question
RE: Legal Question
When you sold your progam (or was it your time?) did you agree your terms?
Francis
www.controldraw.co.uk
www.s88control.blogspot.com
RE: Legal Question
Keith Cress
kcress - http://www.flaminsystems.com
RE: Legal Question
If your charges are reasonable they'd be silly to try and duplicate your work. If they don't have software and cables, they'd have to spend money to even copy the program. And then they have to build their own panels.
RE: Legal Question
The best you could hope for is getting them to take your title block and name off the documents related to the other systems.
David Castor
www.cvoes.com
RE: Legal Question
From my own personal experience, the company I work for has had systems designed and then duplicated them in different plants. The people who were doing the duplicating did not configure the new systems correctly and we've ended up calling the original designer back in. I should point out that I wasn't involved in the original decision making, but was involved in trying to 'fix' these issues - and still am.
RE: Legal Question
Russell White, P.E.
Automation Technologies, Inc.
www.AutomationNC.com
Automation Help
www.PLCMentor.com