Question about software.

Hello,
If I am dealing with a programmer (Elance) on developing some software exactly who has the copyright? Is this something that needs to be settled before a deal is made? I have seen programmers on software forums offering to sell the software someone has just paid them to write so I am curious as to how that works. Seems kind of unethical to me but maybe I am wrong.

It's a small piece of software just to get my feet wet but I have never dealt with this before. I am learning PHP/MYSQL so this experience well also help if I begin to write scripts for others. Thanks.

Scott S.

Specify it in your proposal....get programmer to agree to it before you award the job.

If you are looking at cheap then you will be using someone overseas, and even if they agree and then sell it to somone else you will have little recourse as legal costs would not be prohibitive....and at most elance might ban them.

If you are truly concerned then choose a programmer from your native country.

We find in general a better quality of programmers at rentacoder.

We had to sue onew programmer and did it successfully, but that was because he was located in the US.

Thanks for the response. Having the copyright isn't a major issue but I just want to learn to do it right. I think it is a pretty simple program for an experienced programmer so the price is pretty low, less that $250. And your right. I have much lower bids from overseas. I will go to rentacoder and post their as well. Thanks for the heads up.

Scott S.

P.S. Jan 1, 2009 - Gator Bowl: Nebraska Cornhuskers 26 - Clemson Tigers 21. That's the power of the corn. Go Big Red.

[Dien Rice]

Originally Posted by Scott S.

Hello,
If I am dealing with a programmer (Elance) on developing some software exactly who has the copyright? Is this something that needs to be settled before a deal is made? I have seen programmers on software forums offering to sell the software someone has just paid them to write so I am curious as to how that works. Seems kind of unethical to me but maybe I am wrong.

Hi Scott,

I have to agree with Cornell... Get it in writing that you will own the copyright to the software, before your programmer starts to work on it. (As Cornell said, you can include it as part of the proposal.) Getting this done will save you potential headaches later on!

The same advice holds for any other piece of work you get done as well (artistic works, written works, web design, etc.).

Best wishes!

Dien

[Ankesh]

Its usually understood that the buyer retains all copyrights. So if you go with a decent company who has had 100s of clients - they won't re-sell your product. If you go with a solo freelancer - they may well do something like that.

In either case - its always a good idea to get it in writing. Before you reward the project to a coder - fax them a MoU and ask them to sign and send it. The MoU can be without any legal talk too. Don't just rely on your project specification text on elance or rentacoder.

Oh - and I've had best experience on odesk.com - not elance or rac.

Here's the best Freelance resource on the web if you're looking for more options...
http://www.allfreelance.com/
http://www.allfreelance.com/freelanc...from-one-site/

Phil

Getting it in writing is the way to go.

A way to think of it that may help. If you hire someone to ghostwrite a book for you who retains the copyrite? You do. Of course I would get that in writing as well.

It seems like the notion of Intellectual property is a diffucult concept for many people these days - not referring to you here Scott! Just a general observation.

Saw a CD reviewed on Amazon yesterday. The lady said "This CD is great! I immediatly made copies for all my friends and family."

Best of success on your software.

~ Dan

When you use rentacoder, etc....the email corresponcence is supposed to be through them on there site only only.....

If you go outside these to a programmer, writer, etc....make sure in your contract that you have a clause stating that all email correspondence is a binding part of the contract....very important clause!!!

And if later after you use the other services you start working with the person you used through the services of rentacoder, etc....make sure you have a formal contract with them and include the same email clause.