Intellectual property rights to development work

[fortunate2001]

Is it appropriate for a designer to retain property rights to the development work and programming? I would think that the company buying the services would want the right to use and change to best suit their needs, regardless of the developer's status (what if the developer went out of business...?)

But maybe I am wrong.

Is it standard practice?

[felgall]

If someone contracts you to produce something specifically for them then the contract will normally (standard practice) assign all rights to them.

If you are going to use components that you have already developed for use in multiple projects then you will want the ownership of those components excluded from the rights that the contract assigns to the purchaser in order that you can continue to use them in future projects while still assigning them the right to use them.

If you use components developed by a third party then the rights that you can assign to the purchaser will be limited by the contract that you have with the third party as to what rights are assigned to you. You can't pass on more right to ownership or use than the contract with the third party permits.

[fortunate2001]

That all sounds reasonable. Thanks.

I still wonder how common it is to request of a client to keep the rights to the work... What have others done?

[fortunate2001]

bump

[Compguy Pete]

We'll are they paying the "going rate" or did they ask you to do it cheap?

In one case you’re almost honor bound to give up rights once the bill is paid... in the other case it's the way you keep the project cost down is you keep the ability to reuse or resell.

Another factor is what is the project you’re working on? Something they will use internally, perhaps sell or a new product for them.

You really can’t get hired to make a product and deliver that product and the next week turn around and sell that product on your own site in direct competition to them.
You could however take what you learned and make a new better product and sell that :)

I hope this helps

[zingmatter]

I'm sure I read somewhere that the web designer owns the rights to the graphics etc.. that they developed, even if they were paid to do it. If you buy Microsoft software then Microsoft still owns the rights to it. Buying a CD doesn't give you rights over the music, just the right to play it.

Something like that anyway.

Suppose you build a site for Company X, then later you see another a web site for Company Y, build by someone else, but using some of your images, layout, buttons, whatever...who should phone their lawyer, you or Company X ? Both are losing out. My guess is it's you. Any thoughts?

[felgall]

If you purchase a licence to use Microsoft software you are purchasing a licence not the software itself.

The last time office suite software was actually sold the price was in the hundred million dollar range.

The contract determines exactly what is being bought and needs to specify exactly what rights the purchaser is buying. Anything not specified is still owned by the author.

[NetNerd85]

You license software, you do not buy it. That is why you must license the software for multiple computers, in most cases.

If you develop a CMS, be sure to use a software license. For the design, just make it clear in your contract that the design is yours... if of course you designed it ;)

[Snitchcat]

You could hand over the site, but keep all rights to the source code, original graphics, etc.

If the company doesn't like that, then you could offer to hand over some/all of the graphics, but insist on keeping the rights to the source code.

[chrisranjana]

As it is already been said, It all depends on the wordings of the contract which you are obligated under.

[gowans007]

OK can you help with this senario,
I developed two systems at home in my own time which I showed to work and they really liked them.

I have adapted these systems so they work in my working environment and meets there needs (in work time) however the core systems any way they work are exactly the same.
This has saved them lots of money but I have recieved nothing?

What is my case? and also if I leave have I any case for stopping them from using the systems? I have signed no contracts

I am not going to be nasty and do so but I would really like to know my rights as they are asking ofr further upgrades to be made and possible handing it over to someone else.

Thanks Guys.

[JPnyc]

Just make it clear they don't have the right to resell the code.