Miller was a supervisor who worked at CP Chemical's quality control lab. He created a program for making computations necessary for in-process adjustments to one of CP's products. Miller was paid by the hour and created the program primarily at home on his own computer during off hours, and without any overtime pay. Nevertheless, the court held that the program was created within the scope of Miller's employment and was therefore owned by CP Chemicas, not Miller. The first and third factors favored CP, while only the second favored Miller.
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