Hello, I'm getting a script coded and when it is finished I will be selling it (on a per license basis). I'm now sorting out a contract with my coder, however I'm not sure about the copyright. Here is an extract: Now what alerts me is, if I pay someone to code a script, surely I own the copyright of all of the code too? Because if the coder has the copyright he/she can duplicate/reuse it all they want without my permission. His argument is as follows: So he's saying that if I own the copyright of the script he produces for me, he can't ever reuse the code ... The way I see it is, if I pay for a finished product, I should have the copyright for everything including the code. If I do not have the copyright for the code I have no control of it, and since the product is simply "code" surely I should have copyright? What is your opinion? Thanks
To me it seems like an attempt to screw you over. Because if he needs to have a similar function for another job, he isn't going to use the whole script, he is just going to be using part of it. So the script he is making can't be exactly like yours, but maybe a small function, like an upload function or something can be used.
Tell him something like "the script is a work for hire and the client (you) will own all copyrights to the finished product including the look and feel of the site. It is agreed that certain routines within the script may be reused by the coder to build other scripts so long as that use does not violate the copyright for the finished product." If the guy won't agree, find another coder. Or be sure to carry lube with you as you will need it sooner or later.
The coder owns the CODE, COPYRIGHT and all rights to the script, unless you've made a prior agreement about ownership, PERIOD. Often, the coder will give up full/partial copyright to a script, but that's not a given and you'll often share the copyright with the coder. It depends on the CONTRACT...
The coder retains the copyright to the code unless you specify that you want it in the contract. I know, it's not fair . It's for the very same reason that photography companies charge extra if you want copyright privileges to reproduce photos you pay them to take. Work under hire does not apply here. It usually applies in situations of employment, such as a web designer working for a large company. The only way contracted work can be made for hire is if you agree to that ahead of time. Wikipedia has a good article on the topic.
Read the post. This contract has not been signed. It is not too late to say "work for hire" or no contract. I would never order a custom script unless it was a "work for hire". PERIOD.