If I program as a contractor/consultant, who owns the code?

[Superwormy]

If I design, develop, and implement a library in C++ or PHP or whatever language for a company that I'm just doing consulting/contract work for... who owns the code?

Can I use that code in other projects? Can I distribute the code under a GPL license?

What if I continue to develop the code on my own, after they're no longer paying me? Who owns what then?

 

[Deeko]

The company owns it. You can't distribute it unless they allow it. Just like you can't distribute code you worked on while employed by a company.

edit: although it really depends on your contract, you could have a contact that allows that sort of thing. I doubt it though.

 

[Vehemence]

I believe they do unless specifically stated, written, that you do.

edit - Deeko just said that but better, I fail

 

[Nik]

You should have a copy of everything you signed. Read through. If the company doesn't expressly ask you to give up your intelectual property, the code, then you own it.

 

[mugs]

Originally posted by: Nik
You should have a copy of everything you signed. Read through. If the company doesn't expressly ask you to give up your intelectual property, the code, then you own it.

Nope.

http://www.copyright.gov/circs/circ09.pdf

Edit: Actually it is more complicated for a contractor. It may be yours. The only document you have is the NDA? No scope of work or anything stating what you are being paid to do?

 

[yowolabi]

In almost all the cases, the company.
The exceptions are when a contractor has both the precognition to ask for this up front in writing, and the power to demand ownership as a condition of work.

If you didn't settle this beforehand, the company definitely owns any work you did while they were paying you.

 

[Superwormy]

The only thing I signed is a non-disclosure agreement that says:
- I can't distribute confidential information I receive
- I can't steal or hire their employees
- I can't use their confidential information for anything but their company
- I have to take reasonable security precautions to keep their data safe

 

[KLin]

Originally posted by: Superwormy
The only thing I signed is a non-disclosure agreement that says:
- I can't distribute confidential information I receive
- I can't steal or hire their employees
- I can't use their confidential information for anything but their company
- I have to take reasonable security precautions to keep their data safe

Point #3 could include any software you write for them. Those statements seem to be blanket like.

 

[yowolabi]

Originally posted by: Superwormy
The only thing I signed is a non-disclosure agreement that says:
- I can't distribute confidential information I receive
- I can't steal or hire their employees
- I can't use their confidential information for anything but their company
- I have to take reasonable security precautions to keep their data safe

Then by default, it's theirs. Like I said, you had to put something in writing beforehand that it would remain yours. Otherwise, since they were paying you while you wrote the code, it's now their code.

 

[Tsaico]

I am with Nik, I used to work for a company that did custom programming and there was always a part of the contract that stipulated what parts of the programming was your (as the consulting company) and what part was theirs. That was all descided in the negotiations with before work started. We had two sections, one that was always ours, such as the process that authenticated users (we had a few programs that we designed a log in process that would either use your face, windows login, or fingerprints as your credentials. This was clearly stated it was the design with our company and NOT part of the development cost of whoever we were working for at the time) and the other section clearly defined what was theirs and what was ours. this can get tricky sometimes, especially if that company is paying you to write code that is based on their busness processes unique to their company.

But you can feel each other out, before work begins, because that area can become really sticky really quick.

 

[AccruedExpenditure]

If this goes to court, the company will win 19/20 times
-AE

 

[Superwormy]

Alright, that's more-or-less what I needed to know... thanks!

 

[RightIsWrong]

Originally posted by: AccruedExpenditure
If this goes to court, the company will win 19/20 times
-AE

I think that the odds are more like 39/40.

 

[QED]

Generally speaking, if they are paying you for your time, then they own what you write while on that time.

If they are paying you for a specific task/project/solution instead, then you likely will own what you write (to the extent that it does not use any proprietary or confidential information obtained from the company paying for your product)-- although this should be spelled out in writing in your agreement with them-- similiar to what Bill Gates did with IBM back in the 1970s.

 

[Mday]

It's all in the employment contract. If you have none, it belongs to you. You can sign away your rights, so be careful.

If you have no contract or terms, \since you are a contractor, they have a right to use your code. If they redistribute it or otherwise use it for profit, you can sue for compensation. It's all in the contract, read it.

Generally speaking, any company that hires contractors to do programming SHOULD already have terms which state that THEY own the code (i.e., you signed away rights to the code).

GPL is an interesting bitch, if you use GPL code in a contract job. By all rights, you need to make sure you are compliant with it, and you should notify your employer.

 

[brxndxn]

Possession is 9/10 of the law.. If you both have possession, and still have 100% of the code each, then 18/10 of the law is possessed by both parties total. Therefore, everybody wins!

/doesn't believe in false scarcity..