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How do you handle software copyright?

by batchos
5 replies
I'm having a piece of software developed to take care of some routine tasks.

In the job offer I stated that all rights will pass to me on final payment.

However, I received the beta version and the coder included an about page that shows him as copyright owner and a link back to his website. He also prominently displays (with or without permission) all the software he's created.

What I need to know is the standard procedure for allowing the coder credit for his work, but not treating the software as his property.

I'm just concerned that if I decide to sell the software later there may be some restrictions.

What's the norm for software development?

Thanks
#copyright #handle #software
  • Profile picture of the author KirkMcD
    The norm is "work for hire." You own all the rights to the product and will receive the full source code, BUT you explicitly stated that will happen after the last payment. Have you made that payment yet?
    You are in charge. Tell them to remove the notice and remove anything else that points to themselves.
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    • Profile picture of the author batchos
      Originally Posted by KirkMcD View Post

      The norm is "work for hire." You own all the rights to the product and will receive the full source code, BUT you explicitly stated that will happen after the last payment. Have you made that payment yet?
      You are in charge. Tell them to remove the notice and remove anything else that points to themselves.
      Thanks, Kirk

      I think everything will be fine but I'm just preparing, just in case things go sour. I'll like to continue with the programmer.

      I never thought about asking for the source code. That's worth a finder's fee, right there.

      High Regards
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      • Profile picture of the author JohnnyDeez
        You should be fine. You do have the rights.

        Are you working through some kind of portal, e.g., Elance or Odesk.

        Sometimes programmers do this just to have links and credit for their work. If I would you, I would just have a conversation about it. If you ask them to remove both they should comply without question.

        I generally ask a client before I attach myself to their work in any way. Best of luck!
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        • Profile picture of the author SteveJohnson
          Originally Posted by batchos View Post

          I'm having a piece of software developed to take care of some routine tasks.

          In the job offer I stated that all rights will pass to me on final payment.

          However, I received the beta version and the coder included an about page that shows him as copyright owner and a link back to his website. He also prominently displays (with or without permission) all the software he's created.

          What I need to know is the standard procedure for allowing the coder credit for his work, but not treating the software as his property.

          I'm just concerned that if I decide to sell the software later there may be some restrictions.

          What's the norm for software development?

          Thanks
          I am not a lawyer and it's probably a waste of your time and a potential disaster to try and get legal questions answered on a marketing forum, but it doesn't seem to me that a 'job offer' is a signed contract.

          Unless you have one that explicitly states the work-for-hire arrangement and that the programmer is assigning you the copyright, you might want get some legal advice before you sell it later.

          Originally Posted by JohnnyDeez View Post

          You should be fine. You do have the rights.

          Are you working through some kind of portal, e.g., Elance or Odesk.

          Sometimes programmers do this just to have links and credit for their work. If I would you, I would just have a conversation about it. If you ask them to remove both they should comply without question.

          I generally ask a client before I attach myself to their work in any way. Best of luck!
          Programmers do this because they own the copyright to their product, unless they explicitly assign it away.

          I would never comply with such a request 'without question' unless I've entered into a work-for-hire agreement -- which I never have. People just don't want to pay what I tell them it's going to cost.

          That's not greed speaking - consider this: I write a kickass piece of software for client A under a work-for-hire arrangement, and give up all of my rights to the code I've written.

          A couple of months later, in another completely unrelated project for client B, I reuse a large chunk of code I created for the first project.

          I'm really stoked, because it saved me a lot of work, but I'm not too careful about who I tell. Somehow, that little tidbit of info makes its way back to client A.

          Client A sues me for infringing on his copyright.

          I lose.

          Programmers don't understand what they're giving up when they work under WFH agreements.

          You probably shouldn't tell someone "you should be fine" and "you have the rights" when you don't know whether they do or don't.
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          • Profile picture of the author batchos
            Originally Posted by SteveJohnson View Post

            I am not a lawyer and it's probably a waste of your time and a potential disaster to try and get legal questions answered on a marketing forum, but it doesn't seem to me that a 'job offer' is a signed contract.

            Unless you have one that explicitly states the work-for-hire arrangement and that the programmer is assigning you the copyright, you might want get some legal advice before you sell it later.


            Programmers do this because they own the copyright to their product, unless they explicitly assign it away.

            I would never comply with such a request 'without question' unless I've entered into a work-for-hire agreement -- which I never have. People just don't want to pay what I tell them it's going to cost.

            That's not greed speaking - consider this: I write a kickass piece of software for client A under a work-for-hire arrangement, and give up all of my rights to the code I've written.

            A couple of months later, in another completely unrelated project for client B, I reuse a large chunk of code I created for the first project.

            I'm really stoked, because it saved me a lot of work, but I'm not too careful about who I tell. Somehow, that little tidbit of info makes its way back to client A.

            Client A sues me for infringing on his copyright.

            I lose.

            Programmers don't understand what they're giving up when they work under WFH agreements.

            You probably shouldn't tell someone "you should be fine" and "you have the rights" when you don't know whether they do or don't.
            Yes, some very helpful points of view.

            Johnny, the relations are cordial and the programmer has agreed to comply if that's what I want. I'm working through ODesk.

            I sent him the text for what the copyright page should have. I also allowed him to list his name (not website url) as the programmer.

            Steve, I hear what you are saying about whether I have the rights even if the programmer agrees. That's a lot of food for thought. I will certainly follow up on your ideas.

            I did state in the job offer that all rights will be transferred on final payment.

            We already discussed upgrades, which means I'll likely sell the software later.

            I'm glad I started this thread because I have a few ideas for software development.
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