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I recently completed one travel e-commerce project as a freelancer. All the system analysis, functionalites and web design are done by myself(alone).
Now i gave all source code to my client. Who retains the copyright? My client tells me that only he retains the copyright since he has paid me for the project. But I argue that since its all done by me i can resell/market to any person/travel agent that i want to. And he further tells that i can not sell the whole project but can sell functions seperately.
I am too confused.. any suggestions.... -
Ideally you need to agree all of this in a signed contract before you start the project. Do you have one?
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- CommentAuthoraxe_sosharp
- CommentTimeMar 6th 2007
It's worth reading this article on the benefit of having a contract.
http://www.digital-web.com/articles/web_design_contracts/ -
3Stripe is correct on this score. It's something that should definitely be decided in writing before the beginning of any project. It saves on later confusion and helps the relationship.
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So does anyone have any suggestions for anishblon to help wriggle out of this one?
Is it a longstanding client or a more recent one? Has any money changed hand yet? I'm trying to get a feel for how much room for negotiation you've got!
It boils down to making sure both parties get what they want - ie payment for you, and a working website for the client. When you say your client "doesnt want you to sell the whole project" what do you mean exactly? -
A contract works both ways and in this particular situation, it works in YOUR favor -- since the client has no documentation describing what he (the client) gets for your services, you can do what you will. All you risk is having a pissed off client. We can all in theory resell designs, logos, etc. unless we specifically say otherwise. All of my proposals specifically give the client full intellectual property rights on all items designed. However, I do reserve the right to reuse and re-purpose code.
I don't remember where it was, but there was recently a good post on why you DON'T need a contract -- simply because sometimes less is more. It is always in the freelancers best interest to not have a contract; especially if you are getting significant monies upfront. -
- CommentAuthorRobotDeathSquad
- CommentTimeMar 6th 2007
Bottom line, unless you've signed away your copyright, you still own it even if you have "licensed" the code to him.
This is in the USA atleast. Can't speak for any other countries. -
thanks for the suggestions.
Well in nepal, there is no big issue of copyright, its in uprising. But my client is from UK and i am quite unaware of legal and copyright issue there.
And regarding "client doesnt want you to sell the whole project" implies that there are various functionalities in this project and i can;t sell this project to others. But individual functionalities like user mgmt system, booking system, e-commerce code can be sold to others.
In my opinion I do reserve right to reuse and resell the project.
Regards
Anish -
As far as I know (I'm from the UK) its the same here as it is in the US.
Think about what you're doing though a good reputation can be far more valuable than reselling a project.
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