Hi,

Yes, it does get messy! 

If you're ever disputing payment of code, you should be aware of how to 
leverage a lien. I can't remember the exact terminology for it in Australian 
Law. But basically, you can withhold property if the client has not paid for 
it. For example: If a mechanic has worked on your car, they can keep your car 
until you pay. But if you gain possession of the car, the lien is broken. So 
you can not legally take the code if the client has it on their server. But if 
you have the code base in your possession and the client has not paid, you can 
keep it (but not own it) until they do. 

So possession and ownership are quite different. 

R








On 26/06/2013, at 10:39 AM, "B." <[email protected]> wrote:

> The best rule to go by is not to be an ass about it (it will come back to 
> bite you). What works for me personally: 
> 
> * IP = client (Its their business)
> * Code directly relating to the business = client (Upon full payment)
> * all other code (boilerplate, frameworks) = your discretion. Most of the 
> time I'd just give it away as most of it is on public github anyway.
> 
> In a court of law, the best way to deal with this is not to get there 
> (whoever has the most money for lawyers usually wins that round).
> 
> On Wednesday, June 26, 2013 10:19:11 AM UTC+10, Sebastian Porto wrote:
> Hi All
> 
> Hopefully someone in the list can clarify this for me. Let's say that you do 
> contract work for a client but there is never a signed contract, just the 
> invoices to prove that the work was done. 
> 
> Are the IP and the code two different issues? Who owns the IP for this work? 
> Who owns the code? Morality aside, what will hold in a court of law?
> 
> Thanks
> Sebastian
> 
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