Work done "in course of employment" - by a minor

I hope someone can give me a pointer on this one, or at least have fun with it...

A wishes to enter into a partnership to produce a website with B, a US resident, currently 18 years old, using computer programs written by B.

B says he originally wrote the program while an employee of a company who he has now fallen out with. He feels that he can now carry on using the program as he was 16 when he created it and therefore the contract he signed with the company stating that he was an employee and therefore relinquishing his rights was invalid as he was a minor at the time.

A proposes that the agreement with B will include a clause where "we state that we own the rights to our respective creations and agree to indemnify each other against any losses incurred as a result of any legal action resulting from (c) infringement".

So:

Who owns B's code?

A is thinking of approaching the company for a licence. Is this necessary?

Mike Received on Fri May 12 2006 - 02:55:55 GMT