Jerry,

I would like a copy of your contract if you don't mind.

Thanks, Renoir

>Steve,
>It was a situtation exactly like this, when I first started consulting about 20 yrs ago, that caused me to create a standard consulting contract (I can email you a copy of you wish) which the client has to sign or I walk.
>In my first experience, the client recognized the value of the code. I was nearly finished and he had about 30% of the bill yet to pay. He threatened not to pay the remainder if I didn't sign his contract. I didn't sign and he didn't get the source code. I found out that he had contracted with another programmer on a per-hour employee basis to commericalize the code and planned to market it.
>Also, any code, techniques, methods, algorithms, etc., that you bring with you to the job remains yours, if they are not in the public domain. Anything you learn from the client, specific to the job, usually is the clients. Anything you create that didn't require propriatory knowledge divulged by the client reamins yours. At least, that is what your contract should say.
>
>>I have a question about ownership of code for those of you who have done work as an independent contractor/consultant.
>>
>> I have been writing a program for a company as a consultant for about one year. Everything I have done has been on trust (I know that's a bad idea, but it happened) and the only thing I have signed is a non-compete agreement. Today (out of the blue really), my boss brings me a generic consultant agreement with mine and his names filled in and asks me to sign it today. Of course I said I'll have to get back to him and I will not sign anything today. That didn't settle well with him, but he said OK. In the agreement, it says specifically that all source code will be the product of the company and not mine.
>>
>> The only problem is that unbeknownst to him, the code is really good and I've already found two buyers for it and I've already started modifying for one customer it and even took a down payment for the work.
>>
>> I brought up the ownership of the code to my boss and he has already stated that if I insist on owning the code, he will not want to do business with me any longer.
>>
>> My main question is this: Since no agreements have been signed yet, whose code is it?
>>
>> If I have two buyers for it, can I just take it and run? I was hoping to have this code working for me in three ways, but if I hand it over and agree that it is not mine then I'd be losing future income.
>>
>> Does anyone have any experience with this type of situation. I am taking the generic agreement to a software copyright lawyer this week. It is worth a few hundred dollars to me to have a real agreement, and to try and keep the code I have been building for so long.
>>
>>Thanks in advance,
>>
>>Steve