>>I was wondering how many of you provide source codes to your clients.
>If I provide source code, I then do not provide any 'free' maintenance. Reason being that if the client has source, they can make changes and create problems that they might otherwise try to get you to fix for free. I only provide 'free' maintenance on projects when I write the application and retain the source code and only if the 'problem' is an obvious error or if the project does not comply with the requirements and if the problem is reported within a reasonable amount of time like 30-90 days depending on the system and the agreement.
>
>Mike

Mike,

As you can see the advice/responses is/are all over the map.

As Craig said, if you are a contractor you absolutely own the code, unless you contractually relinquish it to the client. Most clients do NOT like being in the position where they "feel" like they are being held hostage and not in control.

The 'trick', so to speak, is to not put yourself in a position where you relinquish control of a code tool in such a fashion that you can never use the tool again and at the same time provide your client with the kind of security they legitimately want and need in case something happens to you.

Giving the code copyright without getting something in return is just like a carpenter using his own tools to build you your new home and you own his tools after he's done. Not so.

The approach I like to take and would recommend is as follows:

1. Explicitly assert your copyright rights. Let the client know that you own the code.

2. Assert to your client your willingness to absolutely protect their interests at all costs.

3. Do one of the following two:

a) Put the code into an escrow "type" account at a commonly agreed on location. Typically this would be a legal firm of some sort. If you should for some reason "go away" from the client's pov then they know they are protected legally.

b) Give to your client an EXPLICIT license that grants them in perpetuity the right to make any fixes or modifications to the code along with the code. In addition you might want to specifically prohibit them from selling or competing with you in order to protect you. I would think that SBT would have a lot of experience in this area as I seem to recall that source code gets distributed.

That source code is your life.

In all cases you would be very smart to seek out and acquire good legal advice and the services of a good copyright and intellectual property rights firm. To not do this would be putting yourself into a more vulnerable position IMO.

I would also suggest that IN ALL CASES you get everything in writing.

Best,