Level Extreme platform
Subscription
Corporate profile
Products & Services
Support
Legal
Français
Who owns Customized Software?
Message
From
04/08/2005 02:36:55
 
 
To
04/08/2005 02:12:18
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:
01038438
Views:
17
hi John,

It's like Tamar said. He needs a lawyer. Over here, it's like I described below. It is a common misunderstanding: the client pays for the work and thinks he owns the work, when in fact he does not and is only entitled to use it

>Hi Gregory,
>
>It's a murky situation. The overall application is generally owned by the client if it was done on a work-for-hire basis. However, algorithms in the code *might* be one's own intellectual property.
>
>I was paranoid about this distinction and used to insist with clients upfront that certain code techniques were my intellectual property and could not be replicated and would comment block that code with appropriate comments.
>
>Now, if you weren't paid for the work upfront or in progress, you do retain considerable intellectual property rights.
>
>>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
Previous
Reply
Map
View

Click here to load this message in the networking platform