Glenn: That's been my interpretation of "worldwide, royalty free, non-exclusive license" but I have not had that verified independantly - so your way is problably safer from the developer standpoint. But with a some clients this was the only way I could retain rights to the code and get it past their lawyers! Regards, Doug Raymond ngenius media inc. [EMAIL PROTECTED] http://www.ngenius.com
-----Original Message----- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Glenn Crocker Sent: Monday, February 16, 2004 1:14 PM To: [EMAIL PROTECTED] Subject: RE: [KCFusion] Intellectual property question Interesting idea. Can you grant future clients the right to use this code, since it's owned by the first client? -glenn > -----Original Message----- > From: [EMAIL PROTECTED] > [mailto:[EMAIL PROTECTED] > Behalf Of Doug > Sent: Monday, February 16, 2004 1:09 PM > To: [EMAIL PROTECTED] > Subject: RE: [KCFusion] Intellectual property question > > > Glenn makes some great suggestions around the idea of mutually > inclusive rights. We actually do the opposite of what Glenn suggests, > but with nearly the same end-result. Our contract normally assigns > ownership to the client, but then transfers unlimited license back to > the developer. This has been a little easier to get through legal > approval than the other way around. Sample wording... > > "Any work product resulting from [Contractor's] services under this > Agreement will become the property of [Client] and shall be considered > to be a "work made for hire. [Client] hereby grants to [Contractor] a > worldwide, royalty free, non-exclusive license in perpetuity to > utilize the source code developed for [Client] under this Agreement." > > Doug Raymond > ngenius media inc. > [EMAIL PROTECTED] > http://www.ngenius.com > > > > -----Original Message----- > From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] > On Behalf Of Glenn Crocker > Sent: Monday, February 16, 2004 11:02 AM > To: [EMAIL PROTECTED] > Subject: RE: [KCFusion] Intellectual property question > > > > Some ideas and recommendations from a non-lawyer: > > This goes to whether the work was done as a "work for hire". If you > were a full-time contractor working on-site at the client building a > custom set of cfm files for them, the work is pretty clearly theirs > (in the absense of a contract). > > If you did the work at your own pace, in your own office, using your > own equipment, then you can claim copyright much more easily. > > My recommendation would be to construct the contract now, in your > favor, > by: > > 1. Putting a 'Copyright 2004, Billy Cox' (or whatever) message in > each cfm file 2. Writing up (or having a lawyer write up) a grant of > perpetual non-exclusive license for your client. This has the > substantial advantage of giving them something (clear license to the > code) rather than taking something away (ownership of the copyright). > You imply that they never had it, which maybe they didn't. > > In my firm, we own copyright to all code created, and grant clients > license to use that code. This is always the case for reusable > modules, but if a client wants to own the copyright on pages or code > that are 90% specific to that client/project, that's fine with us. > (From time to time, we'll sign a contract that grants the client > ownership of the code, but only on projects where we wouldn't want the > code anyhow, because little of it would be > reusable.) > > Another situation where I grant copyright is where I'm doing product > development for small businesses. If it's their product, they deserve > to own it! (So if this CMS is your client's product, not just a tool > they'll be using, they really need to own it.) > > -glenn > > > > -----Original Message----- > > From: [EMAIL PROTECTED] > > [mailto:[EMAIL PROTECTED] > > Behalf Of Billy Cox > > Sent: Monday, February 16, 2004 10:28 AM > > To: [EMAIL PROTECTED] > > Subject: [KCFusion] Intellectual property question > > > > > > Let's say that I develop a content management application for a > > client. The client provides images and content, I provide the > > layout, navigational scheme and application that makes it all work. > > > > Without a contract to define otherwise, who owns what? > > > > I assume that the client owns content and images. Can the client > > also claim ownership of the application (cfm) files and/or database? > > > > > > Thanks. > > > > -Billy Cox > > > > _________________________________________________________________ > > Find great local high-speed Internet access value at the MSN > > High-Speed Marketplace. > > http://click.atdmt.com/AVE/go/onm00200360ave/direct/01/ > > > > > > ========================================================= > > Kansas City ColdFusion User Group's website & listserv is hosted > > through the generous support of Clickdoug.com To send email to the > > list, email [EMAIL PROTECTED] To subscribe or unsubscribe, send > > an email to [EMAIL PROTECTED] with your request. For hosting > > solutions http://www.clickdoug.com Featuring Win2003 Enterprise, > > RedHat Linux, CFMX 6.1. > > ====================================================== > > > > > > ========================================================= > Kansas City ColdFusion User Group's website & listserv is hosted > through the generous support of Clickdoug.com To send email to the > list, email [EMAIL PROTECTED] To subscribe or unsubscribe, send > an email to [EMAIL PROTECTED] with your request. For hosting solutions > http://www.clickdoug.com Featuring Win2003 Enterprise, RedHat Linux, > CFMX 6.1. ====================================================== > > > > > ========================================================= > Kansas City ColdFusion User Group's website & listserv is hosted > through the generous support of Clickdoug.com To send email to the > list, email [EMAIL PROTECTED] To subscribe or unsubscribe, send > an email to [EMAIL PROTECTED] with your request. > For hosting solutions http://www.clickdoug.com > Featuring Win2003 Enterprise, RedHat Linux, CFMX 6.1. > ====================================================== > ========================================================= Kansas City ColdFusion User Group's website & listserv is hosted through the generous support of Clickdoug.com To send email to the list, email [EMAIL PROTECTED] To subscribe or unsubscribe, send an email to [EMAIL PROTECTED] with your request. For hosting solutions http://www.clickdoug.com Featuring Win2003 Enterprise, RedHat Linux, CFMX 6.1. ====================================================== ========================================================= Kansas City ColdFusion User Group's website & listserv is hosted through the generous support of Clickdoug.com To send email to the list, email [EMAIL PROTECTED] To subscribe or unsubscribe, send an email to [EMAIL PROTECTED] with your request. For hosting solutions http://www.clickdoug.com Featuring Win2003 Enterprise, RedHat Linux, CFMX 6.1. ======================================================
