I'm working on a software problem at work that is fairly generic, but I can't find a library I like to solve it, so I'm considering writing one myself (at least a bare-bones version). I'll be writing some if not all of the 1.0 version at work, since I need it for the project. If turns out well I might want to bring the work home and polish it up just for fun, and maybe release it as an open-source project. However, I'm concerned that if I wrote the 1.0 version at work I may not be allowed to do this from a legal sense. Obviously I could ask my boss (who probably won't care), but I'm curious how other programmers have dealt with this issue and where the law stands here. My one sentence question is, When is it okay (legally/ethically) to open-source a software tool originally written by you for work at work? What if you have expanded the original source significantly during off-hours?
Follow-up: Suppose I write the whole thing at home on my time then simply use it at work, does that change things drastically?
Follow-up 2: Note that I'm not trying to rip off my employer (I understand that they're paying me to build products that they own)–I'm just wondering if there's a fair way of doing this for all involved… It would be nice if some nonprofit down the road could use my code and save them some time. Also, there's another issue at stake. If I write the library for a very simple, generic thing (like HTML tables in Javascript), does that mean I can never again do so on my own time without putting myself at legal risk (even if it was a whole new fresh rewrite or a segment of a larger project). Am I surrendering my right to write code for this sort of project for the rest of my life (without this company's permission), since the code at work might still be somewhere in my brain influencing me? This seems related to software patents, as a side-note.
Best Answer
It is almost never OK, legally or ethically, to release products that you have created using your employer's resources or while being payed by the employer for your time without permission.
However, it depends on your employment contract. If you were paid by the company and/or used company resources to produce the product, chances are that the work belongs to your company. You need to go through your supervisor and your legal department. Depending on your employment contract, there might also be restrictions on working on related technologies or using knowledge gained at your employer in projects, even if you work on them using personal resources on your own time.
If you are using paid time, company resources, or are developing something that might be considered related to the business of your company, always seek guidance from your manager and/or legal department to ensure that you aren't violating any agreements and to get the appropriate permission to work on projects. Typically, it's easier to do this before you begin work as it might change the approaches that you take on the project.
Writing products for the use at work on your own time is questionable and depends on the regulations that your employer must adhere to. At the very least, you could be interfering with your employers schedule, budget, and estimates by taking work off-line. In some cases, you could be violating the contractual regulations by creating products outside of time that is tracked and billed appropriately.