If its software that existed before you started work then they will own it. If its all your own creation, a new program then you have scope to make an agreement. Its never too late to get a formalised agreement - in cases of a company being in trouble a verbal agreement is "not worth the paper its written on" - in fact nor is a written one in that case. So clarify your position - and negotiation is better than a dispute. If you were not being paid for work but for profits from the use of the produced software you are likely to be left empty handed if there is no use. If you were to be paid for work as done then you should have the right to simply stop all work until your situation is clarified or some interim payments are made.
John A bit late now L From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Leigh Wanstead Sent: Wednesday, 9 April 2008 3:21 p.m. To: NZ Borland Developers Group - Offtopic List Subject: RE: [DUG-Offtopic] Legal problem 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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