Re: Software Development - Who owns the creative/resale rights?
- From: "Saga" <antiSpam@xxxxxxxxxxxxx>
- Date: Mon, 26 Sep 2005 11:33:39 -0500
This phrase is key:
"... libraries that had been developed before them"
One way a developer becomes competitive is to build a code base that
can be used repeatedly. This means that when s/he walks into a new
project,
some work has been done. The client can own the solution and its
derivatives,
but in some cases it cannot have exclusive rights to it. One case
pertains
to the intellectual property of the vendor.
Saga
"Veign" <NOSPAMinveign@xxxxxxxxx> wrote in message
news:%23YVkikSwFHA.3588@xxxxxxxxxxxxxxxxxxxxxxx
> Since they paid you an hourly rate (could have been a project basis
> payment - the fact is that you had been working on the project on your
> clients dime), the output you produced would become the property of
> your
> client. In fact, you would not have the right to resell without the
> permission from you client or you would be open for a lawsuit..
>
> There was a company that I did some work for that had paid an
> independent
> developer to create an application for them. The developer then
> started to
> sell the application on the open market. Long story short - company
> sued
> developer, won alot of money and a percentage of all future sales...
>
> My contracts, that all clients sign, states specifically what they
> will own
> and what remains the property of mine. Basically you would be
> surprised
> what some clients try and 'own' after a project and I feel the need to
> protect some libraries that had been developed before them...
>
> Always have a contract because you just never know.....
>
> --
> Chris Hanscom - Microsoft MVP (VB)
> Veign's Resource Center
> http://www.veign.com/vrc_main.asp
> Veign's Blog
> http://www.veign.com/blog
> --
>
>
> "Matt" <legiontd@xxxxxxx> wrote in message
> news:1127573915.523542.71680@xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
>> Hi,
>>
>> I'm not sure if this is the best forum for this question but i'm
>> hoping
>> someone may have experience with this matter.
>>
>> I have developed a few software applications for a client in Visual
>> Basic 6/.Net. The client paid me an hourly rate to develop the
>> applications.
>>
>> I am now interested in making these applications available to a
>> company
>> with whom's product the applications interface.
>>
>> What I really need to know is who owns the rights to the software I
>> developed. I have not signed any documentation to say that the
>> creative
>> work or the actual concept is the property of the original client. As
>> far as I am aware the original client just wanted the functionality
>> the
>> applications provided. The applications were my concept and design.
>>
>> My main concern is that another IT company is now working with the
>> original client and from what I understand may be considering
>> using/copying my original applications design/functionality.
>>
>> Legally where do I stand if I decide to go ahead and make these items
>> comercially available?
>>
>> Thanks,
>>
>> Matt
>>
>
>
.
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