Hi Dave,

I think that you need to get a written contract.

Regards
Leigh
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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