Jennifer Gross
jengross at gte.net
Thu Jun 19 18:58:07 CDT 2008
Thanks everyone who got back to me for your insight and input. Arthur, it sounds like the laws in the US are consistent with those in Canada, absent a specific agreement transferring intellectual property rights, for a consultant-client relationship, copyright on the code stays with the developer. Having been bitten once by the copyright infringement bug I am cautious about creating a new vulnerability. One thing I learned from that experience was that there was an assumption on the part of the client that because they were paying me they owned the code. Though the law is clear on this issue and it may be common sense to us developers, the check writers seem to find it contrary to common sense - this seemed to be the steepest hurdle. According to the two different intellectual property attorneys that I dealt with, this was a very common misconception on the part of clients in the consultant-client relationship. Using a buddy system sounds like a good solution to the continuity of service issue. There are several local developers in my area that I may be able to work with on this type of arrangement. Jennifer -----Original Message----- From: accessd-bounces at databaseadvisors.com [mailto:accessd-bounces at databaseadvisors.com] On Behalf Of Arthur Fuller Sent: Thursday, June 19, 2008 10:32 AM To: Access Developers discussion and problem solving Subject: Re: [AccessD] OT: Abducted by Aliens Scenario I have a loose arrangement with two good friends and colleagues. Over the years, depending on who landed the original contracts, we have from time to time hired one another to help develop an app, particularly when time is an issue. The three of us always give the other two names as references in case of aliens or Mack truck events occur, or even just vacations. I think that once or twice in the last 10 years I have had to rescue one of Joe's customers, and he has covered me while I was on vacation. Most recently, when I landed my new job in Bermuda, I was just completing an app for the Ministry of Energy, so I brought Joe on for a couple of days just so he would know something about the app and how it was designed and why I made certain decisions. I know there is going to be a Phase 2 on this project, so now Joe is in a position to hit the ground running should the need arise. Local user groups are also good for this sort of thing. I belong to the Toronto SQL Users Group and so do several colleagues with whom I've worked on a couple of projects. In fact, whenever an opportunity arises where one of us is working, we always contact each other to see if anybody's free and looking for work. As to the copyright issues, I can only speak for Canada, but case law here has it that in the absence of a specific clause stating otherwise, copyright on the code stays with the developer. This applies most often to consultant-client situations. Most employers now have a specific clause in their employment offers. Arthur On Thu, Jun 19, 2008 at 2:54 PM, Jennifer Gross <jengross at gte.net> wrote: > Hi Rocky, > > Thanks for this. The issue was actually brought be me by a client - > how would they maintain continuity if I suffered severe illness or > injury. The issue of copyright comes up in my mind when trying to > handle this because I had a client who had the MDB files, severed > their relationship with me and then tried to sell the code for a > substantial amount. Enough that I got attorneys involved, fought it and won. > > Basically my way of handling things is the same as yours (except for > the computer manager). I am concerned that in developing this 'emergency plan' > for my client I will inadvertently be giving them some sort of rights > to the code, as my previous client asserted they had because I was > providing them backup disks of the MDBs. This particular client that > wants an emergency plan has a system in place that others in their > industry have already approached me to adapt the system for their > organization. It has a viable market that I have not yet tapped. I > know that this is a contractual issue that will have to be negotiated > and incorporated into 'the plan'. > > Jennifer > > -----Original Message----- > From: accessd-bounces at databaseadvisors.com > [mailto:accessd-bounces at databaseadvisors.com] On Behalf Of Rocky > Smolin at Beach Access Software > Sent: Thursday, June 19, 2008 8:36 AM > To: 'Access Developers discussion and problem solving' > Subject: Re: [AccessD] OT: Abducted by Aliens Scenario > > Short answer - nothing. > > If I die my clients, who all have mdbs, will have to find another > Access developer. What I have done is try to make my code as clear > and commented as possible for whoever takes over. Otherwise they're on their own. > There's nothing in there that's really so valuable that it represents > an asset to my vast estate or something that my lucky heirs could turn > into cash. Most of the good stuff I got from the list and the ADH > anyway. :) > > I do have a commercial product which is distributed in an mde. I > should probably escrow the code but I haven't. It's probably overkill. > > In the event that I kick, there is a guy I have asked to come in and > manage my computer - notify people, do whatever support he thinks is > needed, while Pundit figures out what to do with the product. > > Frankly, when I die, so, I think, does E-Z-MRP. > > So I don't worry about it now. And when I'm dead I won't worry about > it either. > > > Rocky Smolin > Beach Access Software > 858-259-4334 > www.e-z-mrp.com > www.bchacc.com > > > > -----Original Message----- > From: accessd-bounces at databaseadvisors.com > [mailto:accessd-bounces at databaseadvisors.com] On Behalf Of Jennifer > Gross > Sent: Thursday, June 19, 2008 10:18 AM > 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 > > > -- > AccessD mailing list > AccessD at databaseadvisors.com > http://databaseadvisors.com/mailman/listinfo/accessd > Website: http://www.databaseadvisors.com > > No virus found in this incoming message. > Checked by AVG. > Version: 8.0.100 / Virus Database: 270.4.0/1507 - Release Date: > 18/6/2008 > 07:09 > > -- > AccessD mailing list > AccessD at databaseadvisors.com > http://databaseadvisors.com/mailman/listinfo/accessd > Website: http://www.databaseadvisors.com > > > -- > AccessD mailing list > AccessD at databaseadvisors.com > http://databaseadvisors.com/mailman/listinfo/accessd > Website: http://www.databaseadvisors.com > -- AccessD mailing list AccessD at databaseadvisors.com http://databaseadvisors.com/mailman/listinfo/accessd Website: http://www.databaseadvisors.com