[AccessD] Ownership

Hi

Many thanks for all contributions (Stuart, Andy, Susan, Robert ,
Mastercafe and.....)  Yes its not an issue at the moment and I don't
intend to introduce it as one if I can help - I am simply trying to get
some footing should I be questioned on this matter....and as you say
Andy customers rarely go down this route. I like the standard 'proposal'
used by Stuart and may adopt something similar. 

Thanks again

Richard

-----Original Message-----
From: Stuart McLachlan [mailto:stuart at lexacorp.com.pg] 
Sent: 14 April 2004 00:21
To: Access Developers discussion and problemsolving
Subject: RE: [AccessD] Ownership

On 13 Apr 2004 at 20:11, Andy Lacey wrote:

> Hi Richard
> It has always been my understanding that, unless a contract states
> otherwise, the source code belongs to the developer. 

I don't know about the UK, but in many situations, it is much more 
complicated than that.

>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. 

In reality, *everyone* capable of developing a marketable solution does
this.

>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.
> 

My standard "proposal" template says:

"The application will have been developed by Lexacorp for your use, 
but the developed application will incorporate code fragments and 
ideas that have previously been developed by Lexacorp and all 
intellectual property rights to the application remains the property 
of Lexacorp.  

You will receive a copy of the source code for the application and 
will be granted a non-exclusive licence to use such source code for 
maintenance and future development of the said application for your 
own use in such manner as you see fit. 
....
You may not sell or otherwise dispose of the said source code, or any 
application developed utilising all or part of it to any third party 
without the express agreement of  Lexacorp. "  



 
-- 
Lexacorp Ltd
http://www.lexacorp.com.pg
Information Technology Consultancy, Software Development,System Support.



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