Ownership of Code on Custom Projects ?

I assume I have asked this question on some site before as well but was not satisfied with noob replies.
Kindly post your suggestions/thoughts appropriately.

If I request for a custom project made via some developer based in other country who takes the ownership of code for future ?
Some points to be considered:

1. If I am making a 100% payment to the coder.
2. If the payment is partly made.
3. If the site grows in future and coder asks for additional royalty etc. ?
4. If the site fails probably ?

Request to post your accurate suggestions, before I plan to indulge into some big custom projects.

Regards,

 

1) You own it.

2) Can become a civil litigation.

3) If one is complete, just refuse.

4) Your problem if number 1. If number two, coder will probably resell.

If you want to be sure, put these things in a contract up front.

 

thanks noppid,
can you kindly provide more information on this part please ?

 

When you contract with someone, you can set the terms of the deal.

So, when soliciting, put in writing that upon payment, you own the code.

Also put in writing what their follow up support for bug squashing will cost and what time frame they will work at that for.

Put in writing, you will not now of ever pay royalties of any kind.

I'm sure there will be some sort of 50/50 payment. SO put in writing, if the code is never finished to your satisfaction, you are free to continue to develope it, you own it, and they will not be paid in full. Give a fare time frame you both agree on for completion of anything.

Now this is assuming simple USA business. If this is international, all of it could mean nothing and be too expense to defend, if there is any recourse at all, should something go wrong.

 

Lesson is that for important work (stuff you plan to build a real business from, not fly by night) you should hire people you trust.

If you're small and starting out that may mean leaning towards hiring people in your own country where you know more about the legal system and have recourse.

If you're huge and want to make outsourcing to India or China a key part of your business plan, make sure budget to hire lawyers in both countries (not rely on sketchy advice from the DP forums ).

Eric

 

thanks guys, most importantly before entering into a contract with any developer i wanted to clear out certain points as how people deal with International transactions here, (example of my case above).

If someone can shred more lights on same, shall be helpful.