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do I own the code if I pay somebody to do it for me ?

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tradingkevin
169
tradingkevin 2012.03.19 07:17 

Does anybody know the following :  

do I own the code if I pay the expert to do it for me ? 

 

Thanks

Kevin 

saltzmanjoelh
9
saltzmanjoelh 2012.03.19 08:29  
That depends on your contract with them. Typically, you are subcontracting them to do the work only. You should have them sign a nondisclosure agreement as well.
Biantoro Kunarto
14896
Biantoro Kunarto 2012.03.20 02:57  
Also depend on the programmer, if they want, they can modify it and then sell it..

tradingkevin
169
tradingkevin 2012.03.24 04:51  
saltzmanjoelh:
That depends on your contract with them. Typically, you are subcontracting them to do the work only. You should have them sign a nondisclosure agreement as well.
Thanks Saltzmanjoelh for the good point for the non disclosure .  Appreciate it. cheers
tradingkevin
169
tradingkevin 2012.03.24 04:52  
biantoro:
Also depend on the programmer, if they want, they can modify it and then sell it..

that's true... better learn programming myself then for thing that a kind of uch uch ; ) . Thanks for tip. Biantoro
Christian Vost
641
Christian Vost 2012.03.26 13:26  

Different countries tend to have different laws regarding intellectual property rights and patents. Software is especially difficult to protect in the global marketplace and expensive. Non disclosure agreements can be signed between the developer and the client, but to retain ownership of the source and the right to distribute the software, a development contract must be agreed upon by all parties involved. Both of these contracts can be drafted up by a Law firm. (Perhaps a specialist in software or manufacturing). In 2005, I required both, for thirty J2ME applications which I distributed globally. The two documents cost over $3000 AUD. The development contract granted ownership of the source code files for distribution, but the developer had some intellectual property contained within the back-end delivery modules, which meant that these had to be excluded from the contract, which was then modified to grant my ownership of the whole project, but not the rights to copy and distribute the back-end software. 

If you are submitting the project to a developer, then there is always a slight risk that the project could be copied. You will need to determine the value of your IP, and the risk that it poses on the business forecasts, if it is copied. If the value of the IP is relatively low, and you can deliver the project to market quickly with some good, cheap publicity, then employing a freelance developer is an economical way of getting a small project to market. 

Feel free to send a message to me regarding this topic.

Chris. 

tradingkevin
169
tradingkevin 2012.06.05 23:19  
Chris_V:

Different countries tend to have different laws regarding intellectual property rights and patents. Software is especially difficult to protect in the global marketplace and expensive. Non disclosure agreements can be signed between the developer and the client, but to retain ownership of the source and the right to distribute the software, a development contract must be agreed upon by all parties involved. Both of these contracts can be drafted up by a Law firm. (Perhaps a specialist in software or manufacturing). In 2005, I required both, for thirty J2ME applications which I distributed globally. The two documents cost over $3000 AUD. The development contract granted ownership of the source code files for distribution, but the developer had some intellectual property contained within the back-end delivery modules, which meant that these had to be excluded from the contract, which was then modified to grant my ownership of the whole project, but not the rights to copy and distribute the back-end software. 

If you are submitting the project to a developer, then there is always a slight risk that the project could be copied. You will need to determine the value of your IP, and the risk that it poses on the business forecasts, if it is copied. If the value of the IP is relatively low, and you can deliver the project to market quickly with some good, cheap publicity, then employing a freelance developer is an economical way of getting a small project to market. 

Feel free to send a message to me regarding this topic.

Chris. 

Thank you Chris for you very detailed answer. I really appreciate it . Well the project has a low IP so it's not has much of an issue. Thanks again for the great answer. I am sure it will also help others. Sincerely Kev
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