[AccessD] Ownership

Hi Richard
It has always been my understanding that, unless a contract states
otherwise, the source code belongs to the developer. Having said that,
however, it has equally always been my stance that if I'm being paid to
develop something then ethically what I develop specifically for the client
is 100% theirs. But the key word is 'specifically'. Most of us have an awful
lot of code in our lockers that we'll bring out in any development. The
client needs to understand this and needs to see that he gets the benefit
because he doesn't pay for that stuff. It may be this that gives us our
marketing edge when we go into bat for the work.

The question really comes down to 'why do you ask?'. Do I sense that you
smell some sell-on potential? Be careful, it rarely happens. And certainly
NEVER discount what you do based on the promise of future sales. But I
digress. The important thing is that you want a happy customer and they
probably want a happy supplier - or at least a productive one. So if you
feel you should, or the customer forces the issue, then discuss it, but
amicably. Explain that what they'll get is part theirs and part yours (if it
is, and if you agree with me) and that they'll therefore own part of it. But
in practise if they want to sell it on they'll need you along anyway for
support etc, and if you want to sell it on you'll need them along as a
(probably the only) reference site. So, like most things, it comes down to
discussion, agreement, compromise and that sort of thing. Just reach an
arrangement that suits both of you.

IME most customers don't think to ask, and I don't raise it. It's not that I
intend to do them down - if they raise it months or years down the line I'll
still give the same response - it's just that getting contracts off the
ground is tricky enough without introducing complications the customer
hasn't even thought about. Just get the work, do a great job, make the
customer happy, and the chances are it'll never be an issue.

-- Andy Lacey
http://www.minstersystems.co.uk 


> -----Original Message-----
> From: accessd-bounces at databaseadvisors.com 
> [mailto:accessd-bounces at databaseadvisors.com] On Behalf Of 
> Griffiths, Richard
> Sent: 13 April 2004 14:00
> To: AccessD at databaseadvisors.com
> Subject: [AccessD] Ownership
> 
> 
> Hi
> 
>  
> 
> Appear to be getting requests for consultancy work - ie writing
> small/medium Access/VB systems.   Does anyone know the ownership
> situation for the UK. Can they (my clients) sell on any 
> system I write? Can they demand the source code from me? Or 
> do I have exclusive rights to the code and sell on?
> 
>  
> 
> Thanks in advance
> 
>  
> 
> Richard
>