Yeah. Lawyers! I think you'd also need the right to "create derivative works" and the right to "sub-license".
-glenn > -----Original Message----- > From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] > Behalf Of Doug > Sent: Monday, February 16, 2004 1:48 PM > To: [EMAIL PROTECTED] > Subject: RE: [KCFusion] Intellectual property question > > > 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. > ====================================================== > ========================================================= 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. ======================================================
