Solved

Ownership of Code

Posted on 2011-03-23
6
114 Views
Last Modified: 2012-05-11
Hi

I have a site that I developed a while back. There were no T's & C's specified as to the ownership of the code I created. Normally I see it that I've created the site for the client for a cost so they own it. But this client wants to reskin and resell the site that I have created but not include me as part of the deal.

Does anyone know where I stand on this as if they wanted a resellable product I feell they should have been charged more?

Thanks in advance

Matt (in the UK if that makes any difference)
0
Comment
Question by:Bigshowmg
6 Comments
 
LVL 16

Expert Comment

by:dhsindy
ID: 35200221
(not an attorney - disclaimer)
If they are unusually successful selling it you may have an action in court.  Otherwise, your first reaction (they own it) is probably right.  You will need to consult a lawyer where you live.  The laws vary and what exactly took place will be important.  You can probably get an initial consultation with an attorney fairly reasonable.
0
 
LVL 62

Expert Comment

by:☠ MASQ ☠
ID: 35202053
If it was developed on the client's time then unless you have a contract that states otherwise it's going to be seen as their code - you were their employee creating it on their behalf.  They are then free to do with it what they want. Unfortunately lack of foresight into it's commercial potential doesn't give you any more of a right to it.  You can claim intellectual rights if they are selling it without any credit to you but that may be a hollow victory & could involve legal costs with no financail reward even if you win.

(IANAL either - but regularly drink with several if it helps :))
0
 
LVL 3

Expert Comment

by:olliefelde
ID: 35205642
This isn't true in the US. Here, copyright resides with the creator unless otherwise specified in writing. The exception to this is work-for-hire. This is determined either in writing or by the creator being on the payroll as an employee, i.e. not a freelancer or contractor.
0
Is Your Active Directory as Secure as You Think?

More than 75% of all records are compromised because of the loss or theft of a privileged credential. Experts have been exploring Active Directory infrastructure to identify key threats and establish best practices for keeping data safe. Attend this month’s webinar to learn more.

 

Author Comment

by:Bigshowmg
ID: 35205661
Thanks guys, so it seems the rules we have here in the UK differ from the US?

MASQUERAID - so even though we are a seperate company contracted to create it for our client we are seen as their employee whilst doing the work?

Cheers!!
0
 
LVL 62

Accepted Solution

by:
☠ MASQ ☠ earned 500 total points
ID: 35210341
Depends on your contract (See: "unless you have a contract", above) .  
Intellectual copyright remains with you but the rights to use the software are likely to lie exclusively with the company paying.
0
 

Author Comment

by:Bigshowmg
ID: 35216693
Thanks for your help guys
0

Featured Post

Is Your Active Directory as Secure as You Think?

More than 75% of all records are compromised because of the loss or theft of a privileged credential. Experts have been exploring Active Directory infrastructure to identify key threats and establish best practices for keeping data safe. Attend this month’s webinar to learn more.

Question has a verified solution.

If you are experiencing a similar issue, please ask a related question

Originally published Entrepreneur.com Booming numbers of freelancing professionals are changing the face of work. In the United States alone last year, the number of workers freelancing grew from 700,000 to 54 million, according to a Freelancers’…
Whether you believe the “gig economy,” as it has been dubbed, is the next big economic paradigm shift (https://www.theguardian.com/commentisfree/2015/jul/26/will-we-get-by-gig-economy) or an overstated trend (http://www.wsj.com/articles/proof-of-a-g…
Articles on a wide range of technology and professional topics are available on Experts Exchange. These resources are written by members, for members, and can be written about any topic you feel passionate about. Learn how to best write an article t…
Saved searches can save you time by quickly referencing commonly searched terms on any topic. Whether you are looking for questions you can answer or hoping to learn about a specific issue, a saved search can help you get the most out of your time o…

947 members asked questions and received personalized solutions in the past 7 days.

Join the community of 500,000 technology professionals and ask your questions.

Join & Ask a Question

Need Help in Real-Time?

Connect with top rated Experts

23 Experts available now in Live!

Get 1:1 Help Now