Ownership of Code on Custom Projects ?

Discussion in 'Legal Issues' started by SaN-DeeP, Sep 2, 2005.

  1. #1
    Hello,
    I have many projects in mind, which will be executed appropriately in coming weeks, I have some questions related to same.
    (I happend to check a contradiction between a coder and client on one of the forums and thought of putting the same question here)

    If I request for a customized work to be done by a developer. Costs and timeframe are well discussed in advance. (some issues)

    1. who owns the code ?
    2. can i start multiple websites using the same code ?
    3. should i pay additional funds (royalty to a developer) for using the same code on multiple domains ?

    Lets discuss on same, if someone has any experiences will be appreciated.
    I will also request some developers to highlight on same, what is appropriate in this cases ?

    Regards,
     
    SaN-DeeP, Sep 2, 2005 IP
  2. yfs1

    yfs1 User Title Not Found

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    #2
    These are things decided on before the job starts. Typically, the buyer owns full rights to the code and can use it however many times and however they see fit.

    If it is custom code (not altered from known code which has its own rights assigned) and no arrangement to ownership has been made (very bad business) then the buyer should have exclusive rigths as default.
     
    yfs1, Sep 2, 2005 IP
  3. T0PS3O

    T0PS3O Feel Good PLC

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    #3
    It does need explicit mentioning. We get some coders to sign NDA's as well as transfer of ownership. If it's 'sensitive' enough, i.e. you wouldn't want your competitor to have the same.

    Some coders do build up a huge library of code and unless explicitly mentioned, they do still own the rights I believe. So they can re-sell it numerous times.

    If you really want to own it, NDA and other legal documents are the way to go.
     
    T0PS3O, Sep 2, 2005 IP
  4. SaN-DeeP

    SaN-DeeP Well-Known Member

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    #4
    Thanks for your prompt answers.
    We have couple of projects to start soon, can you guide me on how-to begun appropriately. ?
    Projects vary in sizes.
    I have tried my best to find some Developers in my country, but unluckily not been able to..... found some good contacts from Australia and United States (source of payments has been Paypal)

    For large customized projects, i need to own the code myself.. what legal measures should i take before sign up ? and how does it works.

    Thanks
     
    SaN-DeeP, Sep 2, 2005 IP
  5. yfs1

    yfs1 User Title Not Found

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    #5
    I use places like getafreelancer.com...What legal steps you take depends on the size of the project. I typically get them to email me acknowledging I will own the rights but if you are talking $5,000 + you had better do what T0PS proposes
     
    yfs1, Sep 2, 2005 IP
  6. nevetS

    nevetS Evolving Dragon

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    #6
    It's never clear unless you get it in writing.
     
    nevetS, Sep 2, 2005 IP
  7. Dread

    Dread Peon

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    #7
    I dont know about law outside the UK but within the UK, the programmer owns all code he writes unless there is a specific legal document denying all ownership of code.

    Refer to sections 8-16 of the Copyrights, Designs and Patents Act 1988. Found here: http://www.opsi.gov.uk/acts/acts1988/Ukpga_19880048_en_1.htm
     
    Dread, Sep 7, 2005 IP
  8. T0PS3O

    T0PS3O Feel Good PLC

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    #8
    T0PS3O, Sep 7, 2005 IP
  9. SaN-DeeP

    SaN-DeeP Well-Known Member

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    #9
    Tops a small query, they are a UK based firm..
    I am from India, I have came across 2 developement companies for my projects
    first is based in US (I am planning to tie up with them)
    second is from Australia

    Will the UK based company be able to help me out there ?
     
    SaN-DeeP, Sep 7, 2005 IP
  10. briandunning

    briandunning Active Member

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    #10
    yfs1 is incorrect, at least as far as US law. Ownership of code performed on a work-for-hire basis rests entirely with the developer. HOWEVER - if the developer is your employee, then it rests entirely with you.

    You can either specifically contract to own the code with the developer - and frankly, quite a few consultants are unlikely to care (they're out there) - or employ the developer yourself.
     
    briandunning, Sep 10, 2005 IP