There is also a difference between being asked to write something and being asked if you CAN write something. I had a similar issue a number of years back where I was ask if I could write some software....the "can" was in the context of "can it be done". for me it was a case of "yes I can do it" and I went ahead writing the software, and they sold it, and I got royalties...of a sort... :-) The people involveds business partnership broke up and the one remaining part I delt with believed he owned it, and it took a meeting with a lawyer to point out that because they asked me to see if it could be done, and the fact they had paid my royalties, clearly meant "I" owned it........and he had to buy it off me...hehehehe. But in your case it sounds like they asked you to write it, so yes, they prob. own it, but as you pointed out, they have not paid anything, so you as a creditor being owed $$ could retain ownership until the invoice is paid. I think the part of the law you quoted is also not helpful, It kind of implies that if they say "oh year...we will pay you" and they never do, then they still own it....so if it was me I would ask a lawyer for a firm opinion, just so you know where you are.
Jeremy -----Original Message----- From: "Leigh Wanstead" <[EMAIL PROTECTED]> To: "NZ Borland Developers Group - Offtopic List" <[email protected]> Date: Wed, 9 Apr 2008 15:21:08 +1200 Subject: RE: [DUG-Offtopic] Legal problem Hi Dave, I think that you need to get a written contract. Regards Leigh www.smootharm.com [http://www.smootharm.com/] -----Original Message----- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] Behalf OfDave O'Brien Sent: Wednesday, April 09, 2008 2:44 PM To: NZ Borland Developers Group - Offtopic List Subject: [DUG-Offtopic] Legal problem I was asked a while ago to create some software for a business. The design has been ongoing for quite a while (the client has been adding bits monthly) and is nearing completion. The problem I find now is that the business is having problems. Many hundreds of hours work has not been paid for and a verbal agreement was made to give me a percentage of their returns. It now appears that that deal will not go ahead. The problem is the client believes they own the software. >From an email: Under New Zealand Copyright Act Intellectual property in software is owned by the person who commissions and pays or agrees to pay for the making of a computer programme. I am of the opinion that “Goods remain the property of me until paid for in full” and my invoices state this clearly. Before I fork out for a lawyer, does anyone have any comments on this case? Cheers, Dave O’Brien.
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