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New to writing code for hire, need feedback on copyrights/ownership

         

smc_one

8:39 am on Aug 11, 2005 (gmt 0)

10+ Year Member



Hello,

Im a long time coder - and im recently starting to write code for hire, such as on the many of freelance websites.

Im a bit unsure about how to deal with certain situations when it comes to copyright/ownership of code, specifically in 'reusing' snippets of code for multiple projects and how general practices - and one normally deals with certain situations.

These are the three scenarios I see to be most common - and im wondering if someone can provide feedback on any of the scenarios and how you handle them..

Scenario 1: Client requests ownership of all code for a new website function/concept.

1) Does this mean that I literally have to write all new and unique code from scratch for the entire project (even if I have functions that can be easily ported to the solution to save time and labor hours?)

2) For example, if I have a set of subroutines I use for common functions for pHP/mysql and even entire scripts - such as a 'template' script/admin tool, 'calendar' script/admin tool - and just subroutines. It took hours upon hours to write them to get them 'just right'. I personally have -no desire- to 'own' these snippets - they are just time savers for me if I reuse them. Can I re-use these snippets/functions in multiple projects - even those where they want full ownership?

3) If the answer to #2 is yes, then how is this worded/presented to the client either a) before the project is confirmed or b) upon confirmation of being awareded a project? What is the best time to bring this up - without risking being awarded a project - for a non-techy end user?

Scenario 2: Client make no reference to ownership and does not mention it at all.

1) Is there some type of wording that should be told to the client to cover bases (ie, you can do this or that with the code that I end up with when the project is done).

Scenario 3: Client want to own all code BUT there is SOME code I do want to protect as my own.

How is this worded/presented to the client before they accept me for the project - without making them run for the hills and losing the project?

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Hopefully the above is not too much to ask in one post :). Im sure im not the only one in this situation - so im assuming there are general practices with each scenario - looking for advice.

Thanks!

Steve

John Carpenter

2:20 pm on Aug 13, 2005 (gmt 0)

10+ Year Member



1) Does this mean that I literally have to write all new and unique code from scratch for the entire project

If you use code in the public domain, you can do whatever you want with it (even start selling it). Public domain basically means no copyright claims.

However, if use code released under the GPL or a similar open source license, your client wouldn't be permitted "own" it (due to the license terms).

It all depends on the license under which the code you want to use is released.

Beagle

8:50 pm on Aug 13, 2005 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



If I'm reading the post correctly, it sounds as if you're mostly concerned about re-using code you wrote yourself, not what you got from another source. Is that right? A non-techy client probably has no concept of code snippets and subroutines, etc., that go into a site. I wouldn't know how to word it (but someone here most likely does), but I'd think a description in the contract of exactly what the client will own outright and what "tools" are going to stay in your own toolbox, would be appropriate. My guess is that the client doesn't want anyone else to have a site that looks the same, but probably doesn't care if their clocks run the same way. IMHO, unless a client is totally unreasonable (in which case you may not want to work for them, anyway!), a brief explanation of the topic shouldn't make them run for the hills.

smc_one

4:29 am on Aug 15, 2005 (gmt 0)

10+ Year Member



Thanks for the replies..

Yes - my main concern is that I want to save time by re-using snippets I have written.

Typically it seems a customer is either very tech savy and they indicate "I want full rights to all source code" or they are not - and the subject never comes up.

So, I guess I need to find wording when making a proposal for a project to indicate that a project will contain elements of code that can be modified or reworked but not sold.

I have done some more research and as you said beagle, most end users want the final product, not the innards..

Can you suggest some wording that will cover these basics when submitting a proposal?

ronburk

4:31 am on Aug 15, 2005 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



Make it a feature.

Bozo Software delivers code faster by drawing on its extensively tested, in-house library of re-usable code. As our client, you receive a non-exclusive license to use and modify the code we deliver in any way you want, even those portions that are taken from our in-house library.

If somebody really wants exclusive rights to everything you deliver, you can explain that you're happy to do that, but it will cost more, since you'll need to rewrite from scratch reusable code that has already been licensed to other clients.

smc_one

10:20 am on Aug 15, 2005 (gmt 0)

10+ Year Member



Perfect - thanks alot.

Steve