To who does the source code belong?

Question

Hi all,

I developed an application with a SQL back end and an Access front end. I developed the application and now they are asking me for the source code. My response was "no"; but they're saying that they paid for my time.

I believe that they got what they asked for, but the source code is mine. I'm not part of a development team and created this myself. Who's right?

Answer 1

I'm going to echo what other have said about needing more details.



In general, if you were paid an engineering rate (i.e. 50-100K/year) then they own the source code. Same if you billed them hourly as a contractor (commonly 75/hr+). If they paid you a license fee level (say 1-2K for the custom job), and you would need to sell the work multiple times to generate an engineering level income then you would own the source code.



That's just a general guideline, it depends really on what agreements or contracts you signed. Still, for most custom work, the client gets the source code. You only keep the source if you are selling a shrink-wrap item.



At the company I work for, we have hired contractors and some of my friends have contracted and they have never claimed rights to the source code.



** edit **

I'm not sure what you mean by favor. If you did it on your time, then the source is definitely yours. If you did it on company time, i.e. you are getting paid for your time, then the source belongs to the company. The grey area is if your paid income is much below a developer's. There you can argue you did something over and above the job requirement.

Answer 2

First of, who are "they?" Is it a company you are contracting for? Is it another department within a company you work for? Or perhaps a company you are working for as a temp through a staffing agency?

Second, is there any written contract (by you, the company, etc) ?

If there is no standing contract in place, and no understanding as far as intellectual property goes, I would say the source code is yours. But again - I would need to know more details to give a good answer. Often times temp agencies have people sign agreements that mention things like this, and if that is the case, "they" could have a legtimate claim to the source code. Please post more details, won't you?



UPDATE : So it sounds like you work for the company, but in another dept, eh? If that is the case, chances are the code belongs to the company. However, you may want to talk to your dept head, and see what they say about giving the source code to the other dept. As a general rule, if you work for a company, and develop code on their time, on their machines, they own the rights to the code - all of it. The only time you are immune from this is if you work as a contractor, with an explicit agreement that you retain ownership of the source code, and in special circumstances at a normal, hired position, where you have included a stipulation on your agreement to accept the position. This is very rare though, becuase it ties the company to you - and you alone - for the life of the program. Most companies want the rights to the source (for smaller apps) so they can maintain and modify as needed themselves. Hope this helps. If all else fails, contact the Compliance, or similar dept where you work - better safe than sorry.

Answer 3

If you work for the company and did it on their computer then it's probably is theirs.



If you are a contractor it would depend on the contract you signed.



Everywhere I have worked in the past 10 years, I have had to sign something that say everything I do during company time is owned by the company.



If you want to use it else where there is nothing saying you can rewrite it on your time and that you would own.



No matter the case I would suggest you talk to a lawyer.

Answer 4

If you are on their payroll and created the code as part of a job assignment the code is theirs. If you created the code as a contractor when final payment is rendered, normally you would release the code as part of the project. You can however add comments and claim credit as the author. If they remove the claim you can claim damages and infringement. Read up on Intellectual property rights for clarification.

Answer 5

the source is yours, the copyright is yours. if you create software for them, then they can use the software, but they don't get the source, unless you have a specific contract which says so. it's your "intellectual property" (although i hate that word). everything else is bullshit.



and even if you gave them the source they would not be allowed to modify it because it's yours and therefore under your copyright.

Answer 6

I understand why they think it's theirs but at the same time, I would also think that its mine. Did you have a contract? If it wasn't specifically spelled out in a contract, as long as you delivered what they requested, and you quoted them on, I'd say it's yours.