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sekrad 0 Newbie Poster

I am working with a software company for almost a year. I have created some flash games and some tools at my hobby time. I have been doing this since my college days and a few of them have reached a near completion. I would like to know if I can copyright these and make business out of it (business i mean here is not making money - but legally establish ownership for my creations - still continuing my present job). These are not BIG softwares - though worth displaying.
These hobby-wares have no relation at all, to what I work for my present company. Is it legally possible to - BOTH - work for a company and to establish a sole proprietorship as well.

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You can usually keep your day job and run a small sole proprietorship on the side, as long as your employment agreement does not prohibit moonlighting or claim ownership of outside projects. The big things to check are any IP assignment, non-compete, and conflict-of-interest clauses you signed. Laws vary by country/state, so read what you signed and, if unsure, get a quick review from a local attorney.

On copyright: your code, art, and audio are protected the moment you create and fix them in a tangible form. In the U.S., formal registration is optional but gives you strong enforcement benefits (statutory damages and attorney fees) if you ever need to act on infringement. You can register online with the U.S. Copyright Office and upload a deposit copy of each game/tool you plan to publish Copyright registration. See the Copyright Office’s plain-English overview of what copyright protects and what it does not Copyright basics.

Be careful about the "work made for hire" and assignment issue. If you created the games outside your job duties, on your own time and equipment, they are typically not "works made for hire" for your employer. However, many employment contracts include assignment clauses that can still transfer ownership of related inventions or software. The Copyright Office explains the narrow scope of true works made for hire and the need for a signed agreement in specific categories Works made for hire.

Practical checklist:

  • Build only on your own time and hardware; keep separate repos and accounts.
  • Keep a simple dated log of work to show timeline and independence.
  • Do not use company code, libraries, licenses, or confidential info.
  • Clear third-party assets (fonts, sounds, art) for commercial use.
  • If you brand your games, consider a trademark for the name/logo .

This is general guidance; your contract and jurisdiction control.

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