[AccessD] OT: Abducted by Aliens Scenario

Dan Waters dwaters at usinternet.com
Thu Jun 19 12:25:58 CDT 2008


Hi Jennifer,

For my systems, I give the IT folks full rights to all code and software
objects.  They can also give full rights to others if someday they need to.
The system is licensed, and I don't move ahead with them until my contract
is signed.  But, I haven't thought about inheritance issues for the
copyright. 

So, if I am spirited away and my corporation dissolves (it's just me), then
they own what they have since no other legal entity has a claim on the
system I licensed to them.  And, they can then find another Access and/or
SQL developer - which everyone has been OK with up to this point.  So far,
no one has a problem with the potential issue of finding another developer.

One customer had the belief that I might simply abandon them.  So we set up
a mechanism for them to 'prove' that I wasn't being supportive, then they
had non-exclusive, non-distributable ownership.

HTH!
Dan



-----Original Message-----
From: accessd-bounces at databaseadvisors.com
[mailto:accessd-bounces at databaseadvisors.com] On Behalf Of Jennifer Gross
Sent: Thursday, June 19, 2008 12:18 PM
To: AccessD List
Subject: [AccessD] OT: Abducted by Aliens Scenario

Good Morning Everyone,

For all of my clients I am their single point of contact for MS Access
database development, modifications, complex queries, etc.  I suspect that a
lot of you are as well.  I am interested to know what contractual and
physical processes as emergency steps that you have in place to provide a
modicum of continuity to the client should you be abducted by aliens or hit
by a bus and no longer able to fulfill your role for your clients.  

How are you handling intellectual property issues?  Do you install MDB or
MDE to protect your copyright?  In my thinking, if I were to suddenly go to
the great beyond my children should inherit my copyrights as some of the
systems that are single installs for my clients have the potentiality of
being marketable software packages.  In addition, each stand alone system
has intellectual property value in and of itself.  My newer contracts
specify that I am only providing a license to the client to run the code.
Older contracts are silent on this issue, which I have learned through legal
battle means that I own the copyright.  Also, aside from the copyright
issues do you provide your clients with a list of individuals who could step
in if you are out of commission, a means to access backup files, developer
password information and any other issues that you have considered should
aliens carry you off in the night.

Thanks in advance for your thoughts,

Jennifer


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