I dunno how things are over there in the US but in most European countries source code- as a written book- is under the natural copyright of the author. So the contract must state that you (the author) take distance form your right (mostly in advantage of more money). However if not stated who owns the source code means that the you, the author, owns it. But if given the freedom I try to license my code with the MIT license.
Niels On 5/29/08 12:32 AM, "Gabriel DeWitt" <[EMAIL PROTECTED]> wrote: > > Hi Schell, > > First off I want to say that yes, many people are seriously burned by > clients. Often even when there is a contract in place. > > I have experience as both an individual freelancer as well as a consulting > company and have found that there is almost always a dance between up front > money, contract strength, and trust/reputation. > > When I was starting out as a freelancer without much experience, I would > often take jobs without a contract and without any money up front. I would > basically handshake on an amount and basic description of the project, do > the entire project and then after delivering the goods (source code, and > running site or app) ask to be paid. That method sucked, and over time I > realized that it was a bad way to do things. Perhaps when first starting out > it was okay, because I was young and didn't have any references, or > experience, but there is really no excuse (as a professional) for not > signing at least a basic contract (which you can find online, or request > from me and I'll happily send you an example). > > After I had been freelancing for a while the issue wasn't contract or no > contract, it was money up front, payment scheduling, etc. I think someone > responded by saying 75% up front - that would be great - I feel like you > need to be someone highly desirable and be working on a well scoped and > clearly budgeted project to get that. I generally try to use a 1/3, 1/3, 1/3 > model for projects with a clear time frame and deliverable. 1/3 of the money > due on contract signing, 1/3 at the half way point when there is a demo of > the deliverable, and a final 1/3 at project completion (when the source code > is handed over). On open time frame or time and materials contracts I send > an invoice every two weeks and stop work if payment is not received after 45 > days (and I send notices after 30 days). > > Source code, and rights to materials generated during the project is a > tough subject. Generally contracts with corporations specify that the corp > owns all the materials, notes, ideas, code, etc. related to the project they > are paying you for. Generally private individuals either don't specify, just > want the deliverable, or are open to dual ownership with an agreement that > you won't use the deliverable, but just the notes, ideas, piecemeal code > generated during the project - still, this should be spelled out in the > contract. > > Finally, in order to break into larger projects and have some liability > and legal protection I created a Cali Closed Corp (cost around 1200 for the > whole process) and now do business corp to corp. In this model there are > always contracts, and often retainers, and the back and forward is mainly > about which corp the contract favors, and how strongly it favors them. In > relation to source code and project materials, the way that I try to run it > (and get in the contract) is that anything project related is owned by the > client corp (and turned over in any format requested), after a client job is > completed the code and projects materials are 'cleaned' and anything of > value is stripped of project specific details and saved for later use. My > company (Asparagus Corporation Inc.) is trying to maintain this methodology > by using Virtual Server's for each client project, so if a developer is > working for Corp A, then they start by setting up an entire OS Dev Env (by > taking a template off the shelf so to speak) and then do all the client work > on that. When the project is done that Virtual Machine can be destroyed (but > any new software, setup, improvements to the temple are kept and added into > the main repository of dev workstations/servers). There is value, for > example, in the configuration of various LAMP/WAMP/Other stacks and dev > software (My Eclipse, databases, editors, plugins, etc), but the client corp > doesn't care to keep the value in the configuration, they only care about > the value in the deliverable (generally), so there is a clear division of > interest and ownership. > > Ok, sorry if I went overboard Schell, to answer your question quickly (at > the end of a long email), I think that you should turn over the working > version of what you did (so the client knows it is done), but not the source > code until you are paid. You should try to get a contract signed for the job > (or at least a statement of work, or Letter of Intent, or Memorandum of > Understanding) saying that you did X for Y and both parties were happy (once > you are paid). Next time get a contract, look into incorporating your own > company so that you can have some liability protection, heck, email me at > Asparagus Corp if you are interested in joining a Dev Company. > > Gabriel DeWitt > [EMAIL PROTECTED] > Sebastopol, CA > > ---------------------- > > Message: 2 > Date: Wed, 28 May 2008 14:42:41 -0700 > From: Schell <[EMAIL PROTECTED]> > Subject: [osflash] Commercial Work > To: "Open Source Flash Mailing List" <[email protected]> > Message-ID: > <[EMAIL PROTECTED]> > Content-Type: text/plain; charset="iso-8859-1" > > I'm having a little issue with a client. They hired me for a web application > and have not yet paid, but want the source code to integrate it with one of > their online shops. What kind of copyright, license, etc. do you guys use in > these situations, or, what is your policy on dealing with clients [ do you > give them source code, compiled executables, both? Do you make contracts or > work with an honor system?] Has anyone been seriously burned by a client > stealing code or not paying? Thanks in advance.
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