might possibly be capable of building".
Asking for a singing bonus is a quick way to think on your feet, I think.
A few things that come to mind:
A) In my experience, Non-competes usually cover client / vendors /
employees; which I would generally mean you can't steal her employees work
with her vendors, or go after her clients. Those type of items are
probably acceptable. I find the vendor thing odd, but it is common. ( To
use the running example, if they order a banner from Kinkos are you
prevented from doing the same thing?).
However, if she is asking you, for example, not to do any other work in a
certain industry, that is ridiculous. Or, if what you are creating is so
generic (like a "contact us form that emails some pre-determined address")
it would also be ridiculous.
B) What does your contract say about code ownership? Does she own all
the code? Do you two have an NDA? How is that covered? Does she own all
your ideas?
If she is trying to change the arrangement from "you own the code" to
"she owns the code" that definitely comes with compensation changes, since
she will be buying complete rights to code you have already written. If
she owns all the code, there is a good chance you'd have no rights to
re-sell it anyway.
As always, I am not a lawyer
At 03:04 PM 8/26/2004, you wrote:
>Subject: freelance | non-compete question
>From: Tony Weeg <[EMAIL PROTECTED]>
>Date: Thu, 26 Aug 2004 13:24:02 -0400
>Thread:
>http://www.houseoffusion.com/cf_lists/index.cfm/method=messages&threadid=13936&forumid=5#126393
>
>hi there.
>im working on a site for a client, and now she has gotten a wild hair up her
>ass that she would like to sell it maybe, and/or prevent people in her market
>from getting that application or any type of application that i could
>make for her.
>
>she has asked me to sign a non-compete. i told her i wouldnt sign it
>without some
>sort of signing bonus, etc etc etc.
>
>any recommendations?
>
>thanks!
>
>--
>tony
--
Jeffry Houser, Web Developer, Writer, Songwriter, Recording Engineer
<mailto:[EMAIL PROTECTED]>
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