Comments on: When things go sour http://www.sitepoint.com/blogs/2005/01/28/when-things-go-sour/ Thu, 28 Aug 2008 11:36:39 +0000 http://wordpress.org/?v=2.5 By: Jan Korbel http://www.sitepoint.com/blogs/2005/01/28/when-things-go-sour/#comment-6609 Jan Korbel Wed, 31 Dec 1969 19:00:00 +0000 #comment-6609 <p>Perhaps to be still open for cooperation in the future? Of course it depends how much "sour" the project went.</p> Perhaps to be still open for cooperation in the future? Of course it depends how much “sour” the project went.

]]> By: Fallback http://www.sitepoint.com/blogs/2005/01/28/when-things-go-sour/#comment-6610 Fallback Wed, 31 Dec 1969 19:00:00 +0000 #comment-6610 <p>"5. Your client owes any code, unless you have specified otherwise. Be professional about this."</p> <p>Do you mean "client OWNS any code"?</p> <p>So lets say you did a flash site for a client and you are not working with them anymore, do they own all source files, or just the published .swf files used to display the site? I have an ongoing arguement with another developer on this very isssue so Im looking forward to thoughts on this.</p> “5. Your client owes any code, unless you have specified otherwise. Be professional about this.”

Do you mean “client OWNS any code”?

So lets say you did a flash site for a client and you are not working with them anymore, do they own all source files, or just the published .swf files used to display the site? I have an ongoing arguement with another developer on this very isssue so Im looking forward to thoughts on this.

]]> By: David Nicol http://www.sitepoint.com/blogs/2005/01/28/when-things-go-sour/#comment-6611 David Nicol Wed, 31 Dec 1969 19:00:00 +0000 #comment-6611 <p>"5. Your client owes any code, unless you have specified otherwise. Be professional about this."</p> <p>I've assumed the same as Fallback, that this was meant to read "Your client OWNS any code..."</p> <p>It is my understanding that, in the UK, a developer retains ownership of all code unless there is a specific written agreeement with the client that (copyright) ownership will be transferred. </p> <p>I'd appreciate it if someone could clarify this issue for me. Is my understanding of the position under UK law correct? Is the UK different from other countries?</p> <p>Cheers<br /> David</p> “5. Your client owes any code, unless you have specified otherwise. Be professional about this.”

I’ve assumed the same as Fallback, that this was meant to read “Your client OWNS any code…”

It is my understanding that, in the UK, a developer retains ownership of all code unless there is a specific written agreeement with the client that (copyright) ownership will be transferred.

I’d appreciate it if someone could clarify this issue for me. Is my understanding of the position under UK law correct? Is the UK different from other countries?

Cheers
David

]]> By: map posters http://www.sitepoint.com/blogs/2005/01/28/when-things-go-sour/#comment-6612 map posters Wed, 31 Dec 1969 19:00:00 +0000 #comment-6612 <p>I have had plenty of experience with that here is one of my customers and they are happy but i have done one which i won't name but had a terrible time with. </p> <p>From www.vintagemapposters.com</p> I have had plenty of experience with that here is one of my customers and they are happy but i have done one which i won’t name but had a terrible time with.

From http://www.vintagemapposters.com

]]> By: Thirteenva http://www.sitepoint.com/blogs/2005/01/28/when-things-go-sour/#comment-6613 Thirteenva Wed, 31 Dec 1969 19:00:00 +0000 #comment-6613 <p>Fallback - this is highly dependent on the contract. When i freelanced I specifically stated that upon final delivery of the site the copyright and ownership of source is transferred to the client. I also specifically stated that i reserve the right to retain copies of the source files and display the final product as examples of my work.</p> Fallback - this is highly dependent on the contract. When i freelanced I specifically stated that upon final delivery of the site the copyright and ownership of source is transferred to the client. I also specifically stated that i reserve the right to retain copies of the source files and display the final product as examples of my work.

]]> By: aneitlich http://www.sitepoint.com/blogs/2005/01/28/when-things-go-sour/#comment-6614 aneitlich Wed, 31 Dec 1969 19:00:00 +0000 #comment-6614 <p>Re #5: Sorry for typo, should be fixed now.</p> Re #5: Sorry for typo, should be fixed now.

]]> By: blundstone http://www.sitepoint.com/blogs/2005/01/28/when-things-go-sour/#comment-6615 blundstone Wed, 31 Dec 1969 19:00:00 +0000 #comment-6615 <p>hmm. this is indeed an interesting topic: do i own the code or does the company i worked for owns the code? as an employed person, there is no question - all the work you do is for the company, and the company retains full ownership of every work an employer does. but a freelancer, if not explicitly noted, retains ownership of his works in the sense of copyright. a freelance designer owns all the rights of his designs, unless the company explicitly buys his rights on the design. same is with code for programs/applications, it's kind of comparable with writing books etc. which has been created from a person.</p> hmm. this is indeed an interesting topic: do i own the code or does the company i worked for owns the code? as an employed person, there is no question - all the work you do is for the company, and the company retains full ownership of every work an employer does. but a freelancer, if not explicitly noted, retains ownership of his works in the sense of copyright. a freelance designer owns all the rights of his designs, unless the company explicitly buys his rights on the design. same is with code for programs/applications, it’s kind of comparable with writing books etc. which has been created from a person.

]]> By: Afro Boy http://www.sitepoint.com/blogs/2005/01/28/when-things-go-sour/#comment-6616 Afro Boy Wed, 31 Dec 1969 19:00:00 +0000 #comment-6616 <p>In Australia, the law is quite simple in this regard - if you've been paid to write the code, then the person paying owns it. Employer, contractor or otherwise - I think it's pretty standard all 'round.</p> In Australia, the law is quite simple in this regard - if you’ve been paid to write the code, then the person paying owns it. Employer, contractor or otherwise - I think it’s pretty standard all ’round.

]]> By: z0s0 http://www.sitepoint.com/blogs/2005/01/28/when-things-go-sour/#comment-6617 z0s0 Wed, 31 Dec 1969 19:00:00 +0000 #comment-6617 <p>Do you have a reference to that, in terms of legal precedent, Afro Boy? I believe you're mistaken.</p> Do you have a reference to that, in terms of legal precedent, Afro Boy? I believe you’re mistaken.

]]> By: bizHead http://www.sitepoint.com/blogs/2005/01/28/when-things-go-sour/#comment-6618 bizHead Wed, 31 Dec 1969 19:00:00 +0000 #comment-6618 <p>It is always prudent to have a well written contract of sale that specifies any areas of IP or copyright ownership/transferral.</p> <p>My company states "who owns what" in every contract we issue:</p> <p>If you wish to retain IP then state it. By all means grant your client a non-exclusive, non-transferable perpetual license to use your software, just remember to state this fact in any legal documentation you may further have to rely on.<br /> </p> It is always prudent to have a well written contract of sale that specifies any areas of IP or copyright ownership/transferral.

My company states “who owns what” in every contract we issue:

If you wish to retain IP then state it. By all means grant your client a non-exclusive, non-transferable perpetual license to use your software, just remember to state this fact in any legal documentation you may further have to rely on.

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