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Miller v. CP Chemicals

808 F. Supp. 1238 (1992)

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Miller v. CP Chemicals

United States District Court for the District of South Carolina
808 F. Supp. 1238 (1992)

Facts

David Miller, Sr. (plaintiff) was employed by CP Chemicals, Inc. (defendant) as a technician, a chemist, and ultimately, the supervisor of CP Chemical’s quality-control laboratory. As Miller’s responsibilities expanded, he began writing computer programs to simplify his work—for example, a program eliminating manual mathematical calculations. The programs were largely developed on Miller’s own time on his personal computer at home. Miller neither requested nor received additional pay for his work on the programs. Miller’s supervisors were aware of the programs and told him to continue writing them. Miller was terminated following a drug arrest. CP Chemicals continued using the programs created by Miller, refusing Miller’s requests to either return the programs or pay him a license fee. Miller brought suit in federal district court for copyright infringement, among other claims. CP Chemicals argued that the creation of the programs fell within the scope of Miller’s employment and moved for summary judgment.

Rule of Law

Issue

Holding and Reasoning (Anderson, J.)

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