I contracted work for a script

now the contractor wants it back(the script)

[spaceylacie]

I paid a sub-contractor to write a script for my site now he wants the script back. He wants me to take it off my site so he can use it on his own and says he wrote it so owns copyright and can do whatever he wants with it(including demanding that I stop using it even though I contracted him for the work). But, still wants to keep the money I paid him for it.

Is he kidding me or is this what the world is coming to?

[treeline]

Is there a written contract for the work?

Was there an oral contract or understanding?

His position sounds pretty shaky, unless he has some sort of contract that supports it and that you agreed to.

Just "owning" copyright doesn't mean he can retract rights to it already granted. In a situation like this, who owns the copyright is even an interesting question.

[mack]

If you have any contract or documentation on this issue at all it will help.

Really you need to speak to a legal adviser regarding this issue.

Mack.

[spaceylacie]

No written contract. We just orally agreed/understood that these were the terms. I explained exactly what I was looking for and pointed him in the direction to get started. Although I don't actually know the programming language that it was to be written in, I know enough to know that it could be done and explained to him how it could be done. The script would never have come about without me.

I do have a lawyer now due to other issues that have come up on my sites(stolen content, etc). I'll contact him(the lawyer) if the sub-contractor pursues this issue. I was just so floored by the situation that I thought I'd mention it here and see what others would think about it.

[coopster]

I think it is very disappointing. One has to ask, what was gained by the contractor's actions? Nothing. But everything is lost. What could have been a long-term relationship, beneficial to both parties, is completely lost on pure stupidity.

I highly doubt your contracted programmer is going to do anything but you are doing the right thing by seeking counsel if the contractor continues pressing. Situations such as this are so disappointing. Not all contracted programmers act this way, spaceylacie. However, for future protection you may want to secure a contract. Talk to that lawyer of yours, he should be able to get you setup.

[rogerd]

At this point, getting lawyered up may be the only approach if the contractor presses the issue.

In the future, be sure you specify in your agreement that the contract is a "work for hire" arrangement and that you own all code or other intellectual property that results from it. Either use a good agreement template or get a lawyer to write it for you. Not only does that protect you from situations like this, but it will also prevent you from paying for custom software only to see the author selling copies to your competitors a month later.

[DamonHD]

Hi,

In many places (eg the UK and the US AFAIK) the concept of "work for hire" applies. You own all rights in anything that you paid someone to develop for you, end of story *unless you have an agreement to the contrary*.

So, the contractor can have the money or the work, but not both!

Rgds

Damon

[LifeinAsia]

(Disclaimer: I'm not a lawyer, so this is just my opinion.)
Absent a written contract (major mistake in any development situation with outside contractors), since you paid for the program, you get to continue to use it. The gray area is if he wants to also use it on his site.

You paid for it, so it is technically YOUR script. You could conceivably sue him, but it probably wouldn't be worth the effort.

But you could turn the tables on him and say that without a written contract stating otherwise, HE has no claim of ownership and that any usage by him of the script would be in violation of YOUR copyright. He has no contact, but you (presumably) have some sort of receipt for the work performed.

For him to demand that you stop using the product, but not refund your money is absolutely laughable.

[moltar]

In Canada, he legally has the rights to do that. If you had no contract, it'd be pretty difficult to defend this. He can start throwing around any claims he wants and you have no back.

[jatar_k]

I can't believe any programmer wouldn't keep a copy of all their work

I have everything I have ever written

person doesn't sound too swift and based on all the dealings I have had I don't actually own anything that I was paid to write, though you can always rewrite it

and I'm in Canada ;)

just lawyer up

[BigDave]

You own all rights in anything that you paid someone to develop for you, end of story *unless you have an agreement to the contrary*.

Not true.

It is only automatically a work for hire if they are a direcct employee working on company time on company equipment. In just about any other case it has to be spelled out in a contract.

See: [copyright.gov...]

The thing is, this is not a copyright case, it is a licensing case. Those checks paying for the time are a very big indicator that there was an agreement and the programmer would then have to show what he was paid for, if it wasn't a license to the code.

Have your lawyer write him a little C&D letter and it will alsomst certainly shut him up. Having a lawyer shows him that you are willing to fight, and he would have to fork out money of his own, which rarely happens.

[spaceylacie]

We're not in Canada and I'm "lawyered up". Thanks for all the comments, sorry I can't respond more but it's been a long day(I should say week). Thanks for the reminder that all programmers are not this way. Yes, it could have been a mutual relationship.