Who owns the work

A recent discussion on a mailing list I subscribe to asked the question ’who owns web site design / software’.  The situation arises when a client wants to go elsewhere and take their site with them. 

The answer of course is that it depends on the contract.  If you don’t have one that covers this then you should have!

Designers are reasonably OK I think because if you do a piece of design for a company that is pretty much it.  If the client decides to take the design to another printer or get it extended with another designer there is no real downside for the original designer other than losing a client.

However for software developers like us the situation is way more complex.  We routinely re-use software from one job to another.  In fact on any one job probably only 1% of the code is specifically written for that customer.  It makes no sense to assign the Intellectual Propery Rights (IPR) of the 1% to the customer and there is no way we hand over the lot.

On the other hand a client is entitled to ask - what happens if you fall under a bus - can we continue to get the software maintained?

There are two answers to this...

1) A copy of the software is in escrow and becomes their property to do with as they wish if you go bust. (along with all the other customers)

2) They get a licence to use or modify the software at any time but the IPR stays with us and they are resticted as to its use.

We do #2.

I have a standard footer on all my quotes - even if its just a few quid for a modification a standard signature goes on the email.  This area is always covered.

In the software industry this is all a given.  Everyone understands it and there is never any confusion. 

However in the design industry it is not, and I can see a situation where our contract with the designer (normally the prime contractor) is not matched by their contract with the client.  It hasn’t got us into trouble yet but I am in constant fear of it.  It doesn’t keep me awake at nights, but  maybe it should. 

Bob
Textor