Copyright & source code ownership

satchmo

So I've been contracted to write a program for a company. Who owns the source code that I write?
The obvious answer is that the company paid for it, so they own it. But what if I use some utility classes that I've already written for myself? Do they now own that code too, meaning I couldn't use it in any future projects? Or do I retain copyright to that code and "license" it to them?

Figment

The obvious answer and legal answer is that you own the copyright until you explicitly assign copyright in writing.
What you are assigning to your client is usage rights.

satchmo

So I can just decide I own the code unless they explicitly ask for ownership? What if they want to use it in a future project, would they have to ask/pay me for usage? Do I even have to give them the code at all?!

In my case they don't really care about the source code, they just want a program that they can use - but at some stage in the future they'll probably realise they want to upgrade it and so will need the source then.

What do people usually do?

Figment

You don't need to decide any thing. It is the legal default.
Usually a coder is hired to produce a program to do a specific function to help the client. That's what you are hired to do, that's what the client gets. Everyone happy.

Sometimes a client is building a tool to re sell and require the copyright to enable them to do that. When that happens you can choose to charge them an additional fee to hand over your copyright. What you charge is up to you.


At the end of the day it is up to you what you want to do and if you want to charge. It would be worth having a chat with your clients though at the start of a project so that they understand and can decide on what option they want. You don't want them having a nasty surprise at the end and souring the relationship.

Figment

What does it say in your contract?

satchmo

There's no contract yet, and when there is one it's not going to be a big deal, but I was just wondering in general where I stand in this sort of situation. That's good advice though Figment, thanks.

aidan_walsh

Well, if you do get to using some utility classes belonging to you, you can always put them under an OSI approved license if you wished, and any work you do for the company, put in their ownership by default.

stevenmu

We do some bespoke work here, the general idea is that the client pays us to develop and support a product and for the right to use it. The product itself remains ours, it's the work involved creating/installing/maintaining it we're paid for. I think we have an agreement in place with one of our bigger clients whereby the source is also held by a 3rd party (a bank iirc), if we go bust or dissapear overnight our client can then get the source and find someone else to continue maintaining it.

Kernel32

In every custom software house I have worked for the client owns the code. In product companies like the one I currently work for the code is kept in escrow so if we go out of business our clients get the code, but not for resale. In every full time and contract job I have done, any code I write on their time using their equipment is owned by my employer. This is normally built into the contract.