Comments on: When things go sour

By: Jan Korbel

Jan Korbel — Tue, 30 Nov 1999 00:00:00 +0000

Perhaps to be still open for cooperation in the future? Of course it depends how much “sour” the project went.

By: Fallback

Fallback — Tue, 30 Nov 1999 00:00:00 +0000

"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

David Nicol — Tue, 30 Nov 1999 00:00:00 +0000

"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

map posters — Tue, 30 Nov 1999 00:00:00 +0000

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

Thirteenva — Tue, 30 Nov 1999 00:00:00 +0000

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

aneitlich — Tue, 30 Nov 1999 00:00:00 +0000

Re #5: Sorry for typo, should be fixed now.

By: blundstone

blundstone — Tue, 30 Nov 1999 00:00:00 +0000

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

Afro Boy — Tue, 30 Nov 1999 00:00:00 +0000

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

z0s0 — Tue, 30 Nov 1999 00:00:00 +0000

Do you have a reference to that, in terms of legal precedent, Afro Boy? I believe you're mistaken.

By: bizHead

bizHead — Tue, 30 Nov 1999 00:00:00 +0000

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.