Ok lets just theoretically say that im hiring a programmer to make something for a site freelance. How would i protect myself and the freelance ofcourse in terms of making sure that the freelancer kept it unique to my site ? and what kind of costs are involved ? Patent wouldn't be an option as their are similar products around, im only looking to stop the developer from selling or giving away the product on the side so to speak. Again this is theoretically speaking its not actual cause for concern or heated debate. Thanks
You'd have to get the programmer to sign an NDA (non disclosure agreement) and a non-compete agreement. Pieces of paper however are useless unless you can pay for and follow up with court action if he breaches the agreement. This may be expensive if he is in another jurisdiction or country. It comes down to trust. Get references and talk to past clients. You get more protection if you deal with a local programmer or at least someone in the same country. Make sure that your agreement is explicit that you own the rights to the program and it is a "work-for-hire". In the absence of a contract to this effect the freelancer owns the code that he wrote and can resell it.
Spend the extra money and hire a programmer from your country. The added cost would make such agreements/contracts less expensive to enforce. This would also deter the programmer from releasing the code as he/she may fear a lawsuit. A very legitimate concern. Wishing you the best. ~ snowbird