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Intellectual Rights to Software



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amother


 

Post Sun, Sep 07 2014, 6:17 pm
I have several free-lance clients for whom I design custom software. It's usually an ongoing relationship as there are always new reports etc to be created.

I was just going to say I've never written contracts with them, but that's not true. It's just that we go back 10 or 15 years, and I don't know if I could find the contracts at this point. (I did email another client in case she saved a copy!)

So, the question I have is, what is normal practice when you are a self-employed contractor? Who owns the program?

I would think that I would have every right to use any code that I write for one client in a program for another client, no question.

[There is some software that I wrote when employed as a regular employee, and I wanted to use some of it for a private client. I asked my former employer permission to use it, and we agreed that if I were ever to market the resulting product, he would have the right to some royalties.]

Now a client wants to take my program and use it in a very remote office, and they don't want me to service it, for various reasons. Which means another programmer is going to come in and make changes and also be able to copy parts of my work. It doesn't feel right to me.

I am going to call a Rov to ask for guidance, but I am pretty sure he's going to ask me what the industry standards are, so I'd appreciate anyone who can help with that question.
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amother


 

Post Sun, Sep 07 2014, 9:40 pm
51 views, but nobody has anything to say?
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kb




 
 
    
 

Post Sun, Sep 07 2014, 9:50 pm
I don't know industry standards about software (though I am under the impression that regardless of what's considered right or wrong, there is bound to be a lot of cheating going on - in all circles.)

If you write the code, you can use it however many times you want. It's yours. You wrote it.

First off, I I'd charge more if they want an open version of the software for a different programmer to manipulate. (It's very possible that the terminology I'm using makes no sense, since I don't do programming) AND I would write a NEW contract with them clearly stating that while you have written the program for their use, it would be stealing... for anyone involved to use the program for any other purpose than the company you wrote it for, and that it remains your property. Something to that extent. (I'm not a lawyer either!)

Bigger question: do you have a way to add in to the program any sort of prevention measure to stop anyone from taking parts of it? And do you have any way of knowing if someone does?
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vicki




 
 
    
 

Post Mon, Sep 08 2014, 6:22 am
As a direct employee I know all code I wrote for my employers is their intellectual property. My contracts - I've worked for 4 different companies - have always clearly expressed this. I can absolutely not resell the same code to someone else. However I can re-write the code from similar concepts and do whatever I want with it.
As a consultant your position might be different.
Your circumstances will depend on the contract and if the contract does not address this you need a lawyer to guide you.
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iluvy




 
 
    
 

Post Mon, Sep 08 2014, 10:06 am
I've never freelanced. Try posting to a list with a larger pool of computer people, like Systers.
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