Who owns your code?

[Guest]

I am a consultant and I have a client that wants me to design them a custom application with Access and VB.Ne

I was wondering what the standard is for this kind of case as to who would own the code and the reasoning as to why

Thanx, Dave.

 

[John Timney \(Microsoft MVP\)]

Typically if your contracted to do work, the code normally goes to the
company as part of the deliverable as your only providing a
programming/design service. The application as a working component is
usually part of that overall service.

Its all down to how you agree your contract with them I'm afraid and what
they actually want you to deliver - you say they design them a custom
application which suggests it is specifically for them, and as such code
would form part of the deliverable sa an overall work package. If you
interprit their requirement (and agree it with them) that you are in fact
selling software as an installable product, which you are developing without
their assitance then it would likely remain with you.

Regards

John Timney
Microsoft Regional Director
Microsoft MVP

I am a consultant and I have a client that wants me to design them a

custom application with Access and VB.Net

I was wondering what the standard is for this kind of case as to who would

own the code and the reasoning as to why?

 

[Charles Law]

Hi Dave

From my experience, I would suggest that if someone is paying you to design
and implement a custom solution, then at the end of it they would 'own' the
code, that is, the rights would pass to them, unless there is a specific
clause in your contract or in the order that they place on you to the
contrary. This is based on the principle that the amount of money involved
usually completely covers your time and the cost of development. Compare
this with the case where Microsoft develops a product and charges a few
hundred pounds/dollars. This in no way covers the development costs, and
therefore when purchasing the product we cannot consider that we have
invested in the development of the product to the extent that we have any
rights to the code.

A separate issue, however, is one of warranty. If your client pays you a
fixed price, you will probably be expected to provide some period of
warranty, in which time you agree to fix any defects that come to light, as
distinct from design flaws. If your client pays you on an hourly basis, they
are effectively taking on the close management of the project, and it is
unlikely that you will be expected to provide any warranty. If they want
something fixing they will have to pay you to do it, unless they can
demonstrate professional incompetence on your part (which is rare).

HTH

Charles

I am a consultant and I have a client that wants me to design them a

custom application with Access and VB.Net

I was wondering what the standard is for this kind of case as to who would

own the code and the reasoning as to why?

 

[Leon Lambert]

The other people have spoken well on the topic and i agree. Most of the
code will probably want to be owned by the company. The thing that gets
real dicey is when you have a set of libraries that you might have
designed and wish to use in their project and others. You need to be
very careful on how you negotiate them. If you are not careful the other
company may end up owning your libraries and you will not be able to use
them in other projects. So be super careful about things like that. It
can surprise you how many little worker routines you may have amased
that you commonly use to form a nice personal library. It is painful to
loose their use.

Hope this helps
Leon Lambert