[plug] Intellectual Property (was Re: [plug] PHP)

[Alex Polglaze]

> > I'm not a lawyer but I understand that in the vast majority of
> > circumstances if you do some work for a client then they will own the
> > copyright to the work that you've done so they are entitled to the
> > source code whether or not you try to hide it from them or not. 

Interesting concept but wrong.

The person who writes the code owns the code irrespective of who paid
for it.

 Trying
> 
> The ownership of the intellectual property of the software, from what I
> understand, depends on the terms of the contract, between the contractor
> and the client. If it is not explicitly stated otherwise, then, the
> client for whom the work is done, is the owner of the intellectual
> property of the software. 

Wrong again. The writer of the code is the owner of the copywrite,
unless a contract is signed in which the author assigns the copywrite to
the client.

I know this because we have had code written and trademarks designed for
us since 1990. Even if I tell the artist exactly what I want for a logo,
or a programmer exactly what I want the code to do, that person owns the
copywrite unless the aforementioned contract is in place.

  That means that the contractor cannot sell
> copies of the software to other clients, even in modified forms, without
> the explicit permission of the client, for whom the software is
> developed, as the client, having paid for the development, owns the
> product of the development, namely, the software, and, thence, the
> intellectual property of the software.

If the copywrite is assigned, yes.

> 
> Where a contract states that the contractor retains ownership of
> intellectual property of software provided, apart from the issue of the
> right (by that, I mean a right implied or explicitly stated in the
> contract, not a general right) to exclusive support work and further
> development work on the software, the very important issue of the
> responsibility of the contractor, when the software is compromised, by
> the client, or, another contractor working for the client, or, some
> other such person modifying the software, is clearly defined.
> 

Interesting point, but if the contractor owned the intellectual
property, then it is in his/her interest to protect that ownership.

 
> Disclaimer:
> The above, is stated as my opinion, based on my experience, and, advice
> of others, and, 

(my bit) in paying writers and lawyers to protect my investment.

>in reading materials on the issues of Duty of Fidelity
> and Intellectual Property. I am not a qualified lawyer, nor, a qualified
> practitioner in the area of law known as Intellectual Property, nor do I
> purport to be either of these. I do not purport the above to be absolute
> truths, but instead, to be my understanding, of applicable rights and
> obligations. I assume no responsibility for any person acting on this
> information, and any person taking any actions, based on the above
> information, so does at their own risk.

In short, if you pay for it make sure you own it. If you write it make
sure you get paid enough to write it in the first place. If you don't
fall into either of these categories, make sure it can't come back and
bite you.

Alex