materix
Posts: 161
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| Posted: 11/11/2008, 4:08 PM |
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This is a fictional example.
If a customer ask you as a programmer to to develop a website, but this is done without a contract what the job implies.
a) Who owns the right to the generated source code? (e.g. asp, php og something else)
b) Who owns the right to the Codecharge-files used for the job?
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Gena
Posts: 591
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| Posted: 11/11/2008, 4:21 PM |
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CodeChargeStudio IDE I think. 
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Gena |
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JimmyCrackedCorn
Posts: 583
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| Posted: 11/12/2008, 5:45 AM |
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depends on lots of factors. in the USA most if not all of what you create belongs to you unless you explicitly sign rights over to your client. so, for example, if I create a web site for you I automatically own all rights to it...the HTML, the graphics, the source files (PSD, FLA, etc.)
that's why some companies designate their projects as "work for hire" where everything you create automatically belongs to them even though you are not their employee.
as a compromise and for customer goodwill my company typically transfers the rights to all finished components that are needed for use on the web. for example we include all rights to the HTML and the graphics that make up the web page. but we do NOT typically include source files such as PSDs or FLAs. and we NEVER transfer rights to our complete systems as we always intend to resell those systems and transferring rights would put us out of business!!
one of the best things you can do is carefully document your intent in your contract. list what rights are transferred and what are not. sometimes we even go over the fine print slowly and carefully with a customer to make sure there is no misunderstanding (and even then there probably will be some!!!)
one last point. NEVER work without a contract. NEVER, NEVER, NEVER!!! in fact, personally I would NEVER hire someone who does not require a contract because it demonstrates to me that they are not serious enough about their profession or maybe they are desperate to get work. whatever the reason it reflects poorly on you and requires you to assume much more risk than is reasonable.
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Walter Kempees...you are dearly missed. |
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materix
Posts: 161
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| Posted: 11/20/2008, 6:41 AM |
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Hi Jimmy.
Thank you for the informative post, which I will keep in mind.
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