Leigh
In my opinion you don't have a problem, Copyright they may have (unless
you contracted otherwise) but you have a "deed of lien" over the goods
until fully paid for, Since the terms of payment (which
includes then verbal percentage) have not been met then you may keep
ownership of (it) until paid for your work, It is analogous to you
taking a pair of shoes to be repaired, the shoemaker may sell them to
defray expenses if you don't pay and collect them
HTH Neven
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 Of *Dave
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:
1. 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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