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Who owns Customized Software?
Message
From
02/08/2005 07:58:55
 
 
To
02/08/2005 07:12:03
General information
Forum:
Visual FoxPro
Category:
Contracts, agreements and general business
Environment versions
Visual FoxPro:
VFP 6 SP5
OS:
Windows XP SP2
Network:
Windows 2000 Server
Database:
Visual FoxPro
Miscellaneous
Thread ID:
01037759
Message ID:
01037772
Views:
18
hi John,

Strange, isn't there something like intellectual property ?

If you are not employed
and
If you do not modify an existing app that the client onws
and
the client does not write a single line of code

you have the intellectual rights. Even if you got a lot of input (how else can you make something that the customer wants ?)
The fact that you got paid does not transfer the intellectual property


One may argue that the input from the customer is (part of) the analysis. But then they would both have the intellectual rights

If you want to build a house and call an architect.
You tell him how you want it (kitchen here, simming pool over there, ...)
The architect is paid to make the plan

The architect still has all the intellectual rights

>Hi Sammy,
>
>Simply put - he owns it. He paid for the work and provided the information necessary for you to complete the application. If you had entered into this with an existing application that was simply customized, it'd be a different story.
>
>My advice is to take the smaller share but negotiate a written agreement as to your role, rights, and compensation for future sales.
>
>
>
>>
>>My client, who is in the Building Constuction Industry, consulted me
>>to develop a Bill Of Quantities System for system for him to use in his company.
>>
>>This was done to suit his particular needs and was done with a LOT of input from him in terms of ideas about the industry as well as all the features he would need.
>>
>>Now, after Completion of software and payment made. He proposed we sell it to other companies and that he should have a greater share, having the belief that he owns the software. I think otherwise.
>>
>>Now my big Question .Who owns the Software?
>>NOTE: No aggreement was put in place to that effect since the initial idea was to develop a system for him to use in his company.
>>
>>Any Help?
>>TIA
>>
Gregory
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