Tip of the licensing iceberg?

[spacebass5000]

I have a client that had me rebuild the index page of their site. They are going to use it as a template for the rest of the pages on their site. I gave them the html, the attached css file, and their optimized image/flash files.

They are now asking me for the .fla and .psd files. I am not comfortable with this.

I would have to assume that this is totally not standard practice. How can I explain this to my client?

What is standard practice?

 

[fredericofonseca]

what does your contract with them say?

If it says that ALL source belongs to them then you need to give it to them.

If it is not absolutely clear then go through it, and if necessary speak with a IP lawyer/solicitor to see if they have any right to it or not.


Regards

Frederico Fonseca
SysSoft Integrated Ltd

http://www.syssoft-int.com

 

[spacebass5000]

we never stipulated anything... this was done on a handshake and I am open to handing over my source

I am thinking that I would like to charge a 25% fee on top of the hourly rate I billed for being asked to hand over my source. This absurd?

I only billed 5 hours @ $55.00 an hour for everything.

 

[MasterRacker]

From the customer's point of view, I would consider it a HUGE mistake to not get ALL source.

1. I would not want to pay for something to be developed for me and then possibly also used on a competitor's site in the future.

2. I definitley would not want to be locked into the original developer for future modifications. I need the freedom to do it myself or get competitive bids.

A few years ago I was brought in after the fact to modify a website that was originally outsourced. The contractor had created graphical buttons using a purchased font we didn't own. I couldn't so much as create a new button for a screen that matched reasonably well without going back to them.

For a resellable product, you don't get the source. For custom development I think you're foolish if you don't get ALL source materials. This should be standard practice. In the real world however, it all comes down to what's in the contract and how the lawyers intrepret it.

[sub]Jeff
[purple]It's never too early to begin preparing for [/purple]International Talk Like a Pirate Day

"The software I buy sucks, The software I write sucks. It's time to give up and have a beer..." - Me[/sub]

 

[spacebass5000]

Right on, I can easily agree with this mentality. I have had to deal with a similar situation in the past as well.

Do you feel it is justifiable to charge a "Source Fee" for the design work?

I had broked my time up like this:

2 Hours Flash Design
2 Hours Graphical Design
1 Hour HTML Editing

I am applying my "Source Fee" to the 4 hours of design.

 

[spacebass5000]

gah, no edit button...

yarrrrrrrr!!!!!!

 

[MasterRacker]

Since nothing was stipulated, I suppose it's all open to negotiation.

For anything I've ever done, I've just considered customer possession to source materials as one of the factors that set the developement price.

For the future you could consider a three tier pricing model:

1. Customer gets finished product only, you retain source.
2. Customer gets source but you retain right to re-use parts of the source.
3. Customer get exclusive possession of souce and you agree to redevelop any similar products for future customers from scratch.

[sub]Jeff
[purple]It's never too early to begin preparing for [/purple]International Talk Like a Pirate Day

"The software I buy sucks, The software I write sucks. It's time to give up and have a beer..." - Me[/sub]

 

[spacebass5000]

i like that idea...

 

[chiph]

It may depend on what the state IP laws are like, as well as what is customary in your local area.

Since you didn't have an actual contract, I would err on the side of caution and give it to them. The next time you do some work for someone (them or someone else), have a contract that specifies the ownership rights.

Also, at $55/hr for a web template, I would assume the customer gets ownership.

Chip H.


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[mmorancbt]

Other than personally developed libraries, they own the source code unless you stipulated otherwise.

I would give it to them and be helpful in doing so. Many times it is just a precaution - other times, that is the way development & consulting goes.

Matthew Moran
Read my career blog at:

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Todo esta bien.. Todo esta divertido (it's all good, it's all fun)

 

[fredericofonseca]

But if you do give them the source code, and as you do not have a written contract, make sure to write a legal contract now that clearly states that you have the rights to the IP of the code you have created. e.g. you can use it on other customers.



Regards

Frederico Fonseca
SysSoft Integrated Ltd

http://www.syssoft-int.com

 

[franklin97355]

I agree with fredericofonseca. You also need to get something in writing that protects you from the company or anyone they do business with from trying to hold you accountable for any misuse/damages caused by this software.

 

[chiph]

I dunno.
Trying to get the client to sign something now, probably wouldn't go over very well. I would write it up as a learning experience.

Chip H.


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Donate to Katrina relief:

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[franklin97355]

I don't know

we never stipulated anything... this was done on a handshake

Sounds like if they are asking for more than spacebass5000 is willing to turn over he has a bargianing point to ask them to write the agreement down.

 

[spacebass5000]

it's cool, i'm not losing too much in this one

i am however conducting research regarding my future jobs and the contracts i will associate with them

thanks for everyone's help!

 

[franklin97355]

One overlying thought...GET IT IN WRITING. If both sides go into the deal knowing what the rules are you will have less problems.

 

[CobolKid]

Two of the (sub) elements of principal KISS;

CRUD = Cardinal Rules of Uniform Documentation;

1) It must contain what is necessary for those who will use it, rather than all that is desired by those whom will not.

2) It must be easily understandable by the simplest of simple; by those who can barely read if at all, whom may not be able to coherently write or express thought, and whom most certainly cannot simplistically orate or began to comprehend those who do.


CROW = Cardinal Rules of Obligatory Writing;

1) Someone always fails to understand the simple words; SO SIMPLY WRITE IT ALWAYS, carefully applying the elements of CRUD!

2) Someone always fails to get the written word, so publish & distribute it to everyone TWICE, regardless of the subject, desire or need.

Steve

 

[pansophic]

Generally development work is considered "work for hire" unless otherwise stipulated. In work for hire cases, the paying party owns the source and object code, not just the object code.

Of course you may have some legal recourse, but everything that I have read on the subject suggests that you owe them the source files.

You may want to read up on software copyrights. That way you can specify the right type of contract for the work that you are doing.


pansophic