Can a foreign, minor college student agree to write software for a USA company?
A. Yes, although to ensure ownership rights are appropriately protected, the student’s age, nationality, location while working, and parental marital status need to be determined. If the student is a minor, parental or guardian confirmation should be obtained. If the parents are divorced, acknowledgment by both parents may be prudent. Agreements by minors may not be enforceable without parental confirmation; competency to contract is generally determined in the USA by state law. Copyright ownership is determined by a complex interaction among nationality of the author, location where the creation was made, nation of first publication, date of creation, date of first publication, dates of relevant international treaties, competency of ownership transfers, and date and place of rights enforcement.
