say someone is an accountant, but created a financial model outside his/her job responsibilities by using employer’s data, and benefited the employer, who owns the financial model?
Was the work done on the clock?
really? i’m thinking there should be room for argument regardless.
I am not getting your scenario. What do you mean cerated the model outside their responsibility using the employer data and benefited the employer? Like this accountant was asked to create a financial model by their employer even though as an accountant this does not form a part of their job description?
If this is what you mean, I’d say the financial model belongs to the employer, doesn’t matter if it forms a part of your regular responsibilities or not. You are working for this employer, you did a piece of work for them using their data, it belongs to them.
If he used his employer resources, it belongs to the employer
If you mean out of his/her responsabilities by “the creation of the model was out of his/her job description”, then specify if it was a verbal command from direct boss or chiefs in the context of company objectives. If it is the case, then the model would be property of the company. The second question is if the model was created using paid hours of the employee (“on the clock” as S2000 states). The third question is if the model was created by using company resources like pc, paid data, other employees support as part of company objectives, desks, electricity, etc, then the model belongs to the company.
If you created the model using your personal time, your own resources, and decided to use it in the company for free, then the model is still yours. However, you should set written agreenment about the property of the model to protect your asset.