I have an order to build a web application - an online classifieds site (PHP/MySQL). I'll have to hand over the entire code after the completion. With all respect to the "open source" philosophy , I would like to gather your suggestions on how I should charge my client. Is it just the rate of complete project or would it be okay to consider the possibility of my client reselling the script?
Complete project, in my opinion. What the customer does with it after you have been paid for the commissioned work is their choice. If you try and milk a percentage of any possible profit they may make further down the line, they'll merely find another developer, I would guess.
I disagree, but its a tough question. It depends on your arrangement, but if I create something that is then further resold, I either specify that I should get a percentage of the profits or I require them to pay more. Otherwise why don't you just create the script and resell it instead? Its like a music artist, they get a commission off of their sales, but 90% of goes to the label and ads and some CEO's pocket.
Its arguable that you retain the copyright on the code until you sign a waiver stating you give all rights up. I believe that what I write is my property, even if its done on someone else's behalf, unless I officially give them the rights. Intellectual property is one heck of a tough issue, but its only fair that you get a cut of something that is being resold from your work.
jeremy - gnomeontherun Educated questions often get educated answers, and simple questions often get simple answers.
It is difficult, I guess after reading it a few times and looking at it through all different colored contacts...I can see pro/cons to both ways. I'll just say, I've always done a per project cost, but...I'm not rich yet, either
I think you should charge for the work you put in. what the client does with it is up to them.
i personaly would never accept any restrictions on custom apps or code that i have someone else write for me. if the code is to automate something or anything like that i would even go as far to demand the author to sign a form in order to prevent him to use the code for commercial intent.
If the code is for something i don`t want anybody to know about and is really important for my bussiness and will give me an edge on my competition, i`ll also have the coder sign an legal NDA.
if the author thinks my script would be usefull for his personal use, i'm usually ok with that. mostly because it usualy is virtualy impossible to check if he is using it for himself. if he wants to use it there is nothing that would stop him to do so.
most people who come to you to have something coded run a bussiness and it always is important to protect your business.
if these people turn to a coder it mostly is to create a solution that is not available commercially or the solutions that are out there are not custum enough or way overpriced.
i always make sure these things are sorted before i disclose any detailed information on the product i need to be created.
if a big corporation has something custom made by a manufacturer, the manufacturer cant exploit the design, they just manufacture the product to specifications but hold no rights what so ever to the product, design or idea behind it and ar prohibited to share any information to outsiders about the product..
the same thing apply`s here.
your job is to code the app or script, that`s it.
if you want hold rights to a product or sell it to other people you have to come up with your own idea for something that customers would be willing to buy and sell it on your own, or partner up with somebody who has the idea but not the tallent and is willing to do a partnership.
on the other hand, if the buyer agree`s to your terms before you start the project, there would be no problem and you can make the buyer hold his end of the agreement.
the key here is to make sure both party`s involved come to an agreement on how the rights of the product are divided before it even is created.
Last edited by roger4000; 01-15-2010 at 09:15 PM..