Intelectual Property Rights on Contracted Developed Sofware

March 22nd, 2010
  • Hi Researchers. I need to know what is the law regarding a Programmer who developed a customized software for a company, while he was there on contract as a self-employed person. There was no contract and no P/O he was just working on request of the company and sent a time sheet with an invoice and got paid by the hour, for the time spent at the customer. Now the question is who owns the source code, the Customer/Company or the individual who developed it. The question is in Quebec Canada, but if you cannot find specifical for canada, the US law will do. I'll be giving a tip for the real answer. Thans in advance.


  • Thanks for the link, can you show me a link the source of that law, so i can dig in finding exactly my case, because in that thread it's an LLC and not exactly the self employed freelancer like in my case. Thanks Anyways


  • Besides, you realize comments are free, right?


  • Doesn't matter--exactly the same analysis. In your question you say that there is a "company" and a "Programmer/self-employed freelancer." In the other question there was an "LLC" and a "developer." These are exactly the same roles under US law. On your facts, the self-employed freelancer owns the code--it doesn't matter if the "company" is an LLC, a corporation, or your Aunt Gertrude. That other question has links and law in it, so not sure what is missing . . .


  • There's a pretty good discussion of this issue under US law at http://answers.google.com/answers/threadview?id=549456 Under US law, the programmer owns the to the source code on the facts you stated.







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