Contract Programming Question

Discussion in 'OT Technology' started by Spiral Out, Mar 25, 2004.

  1. Spiral Out

    Spiral Out Active Member

    Joined:
    Mar 30, 2002
    Messages:
    12,287
    Likes Received:
    0
    Location:
    Florida
    After the contract is up and the software is made, who keeps the rights to the software? Programmer or company?

    The company wants some software written for a dentist but plan to market it as well. I think the programmer should get a percentage of the profit. Any thoughts?
     
  2. StevesVR4

    StevesVR4 Get Arrested

    Joined:
    Jul 1, 2003
    Messages:
    7,328
    Likes Received:
    0
    Things like that are normally called 'Contract for hire' or something like that, I don't remember the exact name off the top of my head. When you are under the terms of the contract, whatever you create belongs to the company who hired the contractor. The creater of the program usually has no additional rights to the program. If you want different terms in the contract, they need to be negotiated before signing it. If the company won't agree to shared rights (they probably won't), they will just get a different programmer.
     
  3. SLED

    SLED build an idiot proof device and someone else will

    Joined:
    Sep 20, 2001
    Messages:
    28,118
    Likes Received:
    0
    Location:
    AZ, like a bauce!
    Very interesting question. Basically whoever copywrites the software, owns it. If the company you contract for mentions nothing in the contract you sign about intellectual property and them owning the writes to the code you provide, copywrite it.

    Most of the time companies are smart and the contract that you agree to will give you no rights to the software once it is complete. If you want a piece of the business, then you'll have to work that out with them. Depending on the app, I'd rather just get paid and be done with it.
     
  4. Spiral Out

    Spiral Out Active Member

    Joined:
    Mar 30, 2002
    Messages:
    12,287
    Likes Received:
    0
    Location:
    Florida
    Why wouldn't you want a piece of what you made? Too much of a pain in the ass?
     
  5. Ximian

    Ximian New Member

    Joined:
    Mar 20, 2004
    Messages:
    1,860
    Likes Received:
    0
    Location:
    DCA
    End-user support, perhaps?

    (ugh)
     
  6. SLED

    SLED build an idiot proof device and someone else will

    Joined:
    Sep 20, 2001
    Messages:
    28,118
    Likes Received:
    0
    Location:
    AZ, like a bauce!
    If a company is going to give you a piece of the action, then they aren't going to pay you shit for your development time. It's a trade off. Unless you REALLY believe in a product and it making some serious cash, why would you even want a piece? You'd be developing for free basically. I'd rather get paid. But again, it depends on the project.
     
  7. Spiral Out

    Spiral Out Active Member

    Joined:
    Mar 30, 2002
    Messages:
    12,287
    Likes Received:
    0
    Location:
    Florida
    The project is a full program the dentists would use. This is my first project so I know nothing about the business side of it, but I guess it would be more of a sentimental thing. Sounds kind of stupid but that's how I feel...
     
  8. SLED

    SLED build an idiot proof device and someone else will

    Joined:
    Sep 20, 2001
    Messages:
    28,118
    Likes Received:
    0
    Location:
    AZ, like a bauce!
    I know how you feel, but if it's an internal application then how would you quantify what percentage you earn? It sounds like you're creating a tool for dentists, not a revenue creator. And they are NOT going to give you a peice of their business... Just keep your code, copywrite it if they don't, and charge them for upgrades, fixes, etc.
     
  9. Spiral Out

    Spiral Out Active Member

    Joined:
    Mar 30, 2002
    Messages:
    12,287
    Likes Received:
    0
    Location:
    Florida
    The program is for a company that is going to give it to one dentist and then sell it to others.


    How would I go about copywriting my code?
     
  10. SLED

    SLED build an idiot proof device and someone else will

    Joined:
    Sep 20, 2001
    Messages:
    28,118
    Likes Received:
    0
    Location:
    AZ, like a bauce!

Share This Page