Hello and welcome to our community! Is this your first visit?
Register
Enjoy an ad free experience by logging in. Not a member yet? Register.
Results 1 to 11 of 11
  1. #1
    New Coder
    Join Date
    Feb 2006
    Posts
    62
    Thanks
    1
    Thanked 0 Times in 0 Posts

    Who Owns the Coded Page?

    I have an interesting question, although this might not be the best forum for an answer. I'm developing a web page-based intranet order entry system and have been hired as a freelance developer. If the site/business owner wants to market my work (consisting of the intranet pages) and sell it to other companies or lease the package to other companies, who actually owns my work? The company is paying me for the development and I am working as a freelancer. Should I get royalties if the package is sold or leased to other companies?

  • #2
    Supreme Master coder! _Aerospace_Eng_'s Avatar
    Join Date
    Dec 2004
    Location
    In a place far, far away...
    Posts
    19,291
    Thanks
    2
    Thanked 1,043 Times in 1,019 Posts
    Did you sign a contract? I code templates for a site and I retain no rights to the templates. Usually the client gets full rights and you just get paid the fee to make the site at least thats how it is through my experience.
    ||||If you are getting paid to do a job, don't ask for help on it!||||

  • #3
    New Coder
    Join Date
    Feb 2006
    Posts
    62
    Thanks
    1
    Thanked 0 Times in 0 Posts
    No contract, but great pay!

  • #4
    Rockstar Coder
    Join Date
    Jun 2002
    Location
    USA
    Posts
    9,074
    Thanks
    1
    Thanked 328 Times in 324 Posts
    Yeah, you might want to sign some sort of contract because that is where things like this get laid out. That is if you are to collect royalties, if you aren't you probably don't need one for that aspect. However imo having a contract is a good idea all around.
    OracleGuy

  • #5
    Regular Coder
    Join Date
    Feb 2005
    Posts
    525
    Thanks
    0
    Thanked 0 Times in 0 Posts
    I'm curious. If you don't mind my asking, how much are you paid for this? I want to do this as well when I become of age.
    Single Paradox
    My Site (Under construction)

    Not too bad for a 15 year old

  • #6
    New Coder
    Join Date
    Feb 2006
    Posts
    62
    Thanks
    1
    Thanked 0 Times in 0 Posts
    $40 per hour. I've already got 51 hours into the project and the client says he's got enough work for me through the summer

  • #7
    Master Coder felgall's Avatar
    Join Date
    Sep 2005
    Location
    Sydney, Australia
    Posts
    6,455
    Thanks
    0
    Thanked 632 Times in 622 Posts
    Who owns the code where there is no contract depends on the circumstances which can vary from one country to another but basically come down to whether you are considered to be an employee of the person you are developing it for (and they own your work) or whether they are a customer of yours (and you own it).
    Stephen
    Learn Modern JavaScript - http://javascriptexample.net/
    Helping others to solve their computer problem at http://www.felgall.com/

    Don't forget to start your JavaScript code with "use strict"; which makes it easier to find errors in your code.

  • #8
    Regular Coder
    Join Date
    May 2005
    Location
    Michigan, USA
    Posts
    566
    Thanks
    0
    Thanked 0 Times in 0 Posts
    You do not own the code if you where paid for the development of it. Unless otherwise specified by the contract (Which you dont have). You get no royalties no nothing. And 40$'s an hour is to cheap. That is why he has tons of stuff for you to do.
    Note: I do not test code. I just write it off the top of my head. There might be bugs in it! But if any thing I gave you the overall theory of what you need to accomplish. Also there are plenty of other ways to accomplish this same thing. I just gave one example of it. Other ways might be faster and more efficient.

  • #9
    Mega-ultimate member
    Join Date
    Jun 2002
    Location
    Winona, MN - The land of 10,000 lakes
    Posts
    1,855
    Thanks
    1
    Thanked 45 Times in 42 Posts
    I'd follow up with this...

    You may not "own" the code in its final version, but if you're like most developers, you come across the same problems over and over and over again and begin to develop code libraries to handle common tasks (such as a contact form, search form, database interaction and so on).

    As this grows, you find faster and easier ways to develop an application. The benefit to the client is lower costs, but the trade off is, if you come up with something that can be considered "common knowledge" as in the examples above, you can re-use the code on another project.

    One caveat to that is if you sign a non-disclosure agreement. Then all the code the client paid for is theirs.

  • #10
    raf
    raf is offline
    Master Coder
    Join Date
    Jul 2002
    Posts
    6,589
    Thanks
    0
    Thanked 0 Times in 0 Posts
    if a client pays you by the hour for the complete developmenttime, then all code that you write during the developmenttime should be his property.

    I usually make an arrangement with the client, and the rate i charge him is different if he wants the exclusive rights over the developped code (about 3 times higher then if i'm allowed to reuse the code).

    It's probably a good idea to put it in writing, and to specify there if:
    1) the client gets only the compiled code (no source)
    2) gets the source but no exclusive rights over them
    3) gets the source + exclusive rights

    If he opts for 2), then it's also very important to agree on what is considered as reusable code. Because every client will have these special requirements that can only be met with some clientspecific code you can't reuse (and for which he should then pay the full price).
    Posting guidelines I use to see if I will spend time to answer your question : http://www.catb.org/~esr/faqs/smart-questions.html

  • #11
    New Coder
    Join Date
    Feb 2006
    Location
    Bronx, New York
    Posts
    93
    Thanks
    0
    Thanked 0 Times in 0 Posts
    You do not own the code if you where paid for the development of it.
    This is not true in the United States! Do a search for "work for hire" law.

    If are not an employee you own the right to the code even if you were paid to develop it.

    If you do give over the ownership, the new owner can then resell your code and make money on it. So be careful with this. If you're giving them the source code be sure to prohibit them from reselling the code unless you are properly compensated.


  •  

    Posting Permissions

    • You may not post new threads
    • You may not post replies
    • You may not post attachments
    • You may not edit your posts
    •