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  • From: Tarus Balog <tarus AT opennms.org>
  • To: "Internetworkers: http://www.ibiblio.org/internetworkers/" <internetworkers AT lists.ibiblio.org>
  • Subject: Re: [internetworkers] does the cliet have the right to have my source code?
  • Date: Fri, 28 Apr 2006 03:38:39 -0400


On Apr 26, 2006, at 9:05 PM, Márcia wrote:

I have a new client who's making me sign a contract giving him all the
rights to have, alter, reuse and pretty much resell any of my source
code, created for any project we do together.

Most work you do as a consultant to another company falls under the category "work for hire". In that case there is usually a clause in the contract that states the hiring company owns, in its entirety, your work product: i.e. your application and your source code. They are paying you to write it, thus they want to own it. It's very common.

It is up to you to ask to have that clause modified or removed. Usually it is a pain, but can be done. I'm in the UK right now in the same situation. Since I develop code under the GPL, I ask for a modification of that paragraph to point out that all work I do will need to be published under the GPL as well. The client can "own" it as much as it can be owned (i.e. they can have the copyright if they so desire), but it must be licensed under the GPL or I charge 5 times as much.

-T

-----

Tarus Balog
The OpenNMS Group, Inc.
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