In my experience, in the US it's pretty standard for contracts to say that anything you as an employee/contractor write for the company becomes property of the company.
-David R On Wed, May 28, 2008 at 4:02 PM, Niels Wolf <[EMAIL PROTECTED]> wrote: > 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. > > > _______________________________________________ > osflash mailing list > [email protected] > http://osflash.org/mailman/listinfo/osflash_osflash.org > >
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