On Mon, Aug 23, 2010 at 3:23 PM, Tina Currie <[email protected]> wrote: > > We have a client that has a major problem with our trading terms and > conditions document and won't sign the contract as it states what we've > always considered as standard - we maintain ownership of the source code. I > was contacted by their lawyers last night quizzing me on this "peculiar > little trait in our contract" (what!!??) and wanted to know what experience > you've all had in this department. > > My understanding has always been that if I write it - I own it. Them paying > me to build it for them buys them a licence to use it, unless of course > exclusivity clauses are otherwise stated in the contract. >
Everything is negotiable, but the client needs to recognize they pay for what they get. Most developers build their apps with libraries, commercial or free(*) frameworks, stuff they copied off the internet, and a little bit of custom code. A honest developer will recognize they don't have the right to sell all rights to their code unless they start from scratch. (Note that even the FoxPro Foundation classes have a license with them.) At best, you're likely to grant an unlimited, royalty-free license to use the code, though you have to think about limiting that to their company and decide on resale or re-licensing rights. A lawyer unfamiliar with the ins-and-outs of "Intellectual Property" might find this to be a "peculiar little trait" and that's a warning flag that you're dealing with someone unfamiliar with the domain in which they are practicing. (*) Free as in beer and/or free as in freedom - and make sure you understand the difference! As always, it's best to consult with a legal resource in your own jurisdiction who can provide you with guidance or documents that will work for you. I started with the forms available for sale from Nolo Press,(http://nolo.com) but learned from my attorney that many of the clauses were inappropriate in my own jurisdiction. If your client isn't willing to work with your standard contract, they ought to either present you with their own contract, or pay you for the time, effort and expense of having one drawn up to their specifications. When faced with these alternatives, some clients have decided they can live with my terms, and others have decided to look elsewhere. Those are both good outcomes, I think. -- Ted Roche Ted Roche & Associates, LLC http://www.tedroche.com _______________________________________________ Post Messages to: [email protected] Subscription Maintenance: http://leafe.com/mailman/listinfo/profox OT-free version of this list: http://leafe.com/mailman/listinfo/profoxtech Searchable Archive: http://leafe.com/archives/search/profox This message: http://leafe.com/archives/byMID/profox/[email protected] ** All postings, unless explicitly stated otherwise, are the opinions of the author, and do not constitute legal or medical advice. This statement is added to the messages for those lawyers who are too stupid to see the obvious.
