Help with words for contract

to stop developers stealing site code

[chrisandsarah]

Hi
Ive recently had my site redeveloped. I've also been told by the programmer who developed it, that if anyone else works on the site, its up to me to make sure they dont steal his code and use/sell it in anyway. I've got a new programmer coming tomorrow, and the idea is to draft something up for him to sign, basically saying that he's forbidden from taking/reusing any existing code/material and if he does so he'll be liable etc etc. Does anyone know of any 'dummy' free contracts online to cover this which I could use? Or can anyone put into words exactly what i'd need to say? I've been searching but no luck.
Many thanks

[bcolflesh]

I've also been told by the programmer who developed it, that if anyone else works on the site, its up to me to make sure they dont steal his code and use/sell it in anyway.

How did he come to this conclusion? Did you pay this person? Did you sign a contract that specified the code would belong to the original programmer?

[Sanenet]

Depends on your country + type of contract, but under many countries employment contracts, it's illegal for an employee to take proprietary code and reuse it - basically, they'd be stealing it.

Same as if they took a copy of windows you'd brought, or paperclips, or your client list...

[BigDave]

At least in the US, it is not up to you to keep a programmer from using the work elsewhere.

If *they* use copyright protected code without permission, *they* are commiting copyright infringement (not theft). It is up to the copyright holder to prosecute them.

Your only responsibility is to say "it's not mine to give you" if they ask.

[rogerd]

Chrisandsarah, if you paid for custom code, depending on your agreement with the programmer, YOU may be the copyright holder. Whenever someone is doing work for you, it's important to define that. When buying completely custom coding, I prefer to use a "work for hire" arrangement which gives the programmer no continuing interest in or ownership of the code. That won't work for every situation, of course.

[chrisandsarah]

Many thanks for your info. It stated in the contract that the code that he wrote would be his copyright but we would have a lifetime licence to use it. I'm now just a bit worried if we hire someone else and they steal his code. Just want to find a way to cover ourselves if thats at all possible.

Many thanks