Re: Protection for proposal for database design

On 4/23/99, Sabrina McLaughlin <smclaughlin1[_at_]doc.gov> wrote:
>
> On Wed, 21 Apr 1999, Paul Billings <pbillings[_at_]glankler.com> wrote:
> >
> > Client does database design work for a public agency. Public agency
> > loves the work, and asks client to submit a proposal expanding upon
> > the earlier design for a much larger agency. Agency has IS department
> > use 12 page proposal to create database system outlined in proposal.
> > Agency refuses to pay Client to do design work pursuant to proposal.
> > Client's proposal prominently mentions copyright claim on each page.
> >
> > Is the proposal copyrightable? Is Agency's use as blueprint to
> > create similar database system actionable? TIA for comments.
>
> You NEED to be following a piece of legislation that you can find on
> the Internet called HR 354, "The Collections of Information Antipiracy
> Act." You should also be aware that, if the public agency is a
> tax-payer funded one, they may have contractual obligations that
> require public disclosure, irregardless of your copyright notice.

As I understand HR 354, it does not address Mr. Billing's problem at all. His problem is that someone put enough detailed information in a proposal to do work for a potential client that the client was then able to follow the proposal's suggestion without hiring the person/company who made the proposal. I have seen such proposals that include nondisclosure-like language to try to prevent a scenario such as Mr. Billings described. The real problem in this case was that someone accidentally gave away their own store. HR 354 proposes a misappropriation-based law that will prevent bad actors from giving (or selling) away someone else's store.

Lynn Levine
<lynnlevine[_at_]aol.com> Received on Fri Apr 23 1999 - 15:24:36 GMT