Can someone explain to me how it's possible that I payed for custom work in module
and now it's standerd in updated version in market!!
Should I have told the developer that he was not allowed to use it in standard mod b4 he did the work?
Can someone explain to me how it's possible that I payed for custom work in module |
To be honest. Yes. https://www.deanbassett.com |
here here, i don't take any work on hourly rates LOL And i am not referring to developers from India.
and i think you should have at least raise the subject Should I have told the developer that he was not allowed to use it in standard mod b4 he did the work? so much to do.... |
Thanx for the response.. I don't mind that i paid for the work and that it's now standard. but i would be nice to see some credit as i gave him the ideas to build it. Anyways... hope that we all can help each other to build an even better Dolphin site and modules!
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What was the contract you entered? What is the industry standard on this? You might be entitled to royalties on sales. It is best to spell out that the code will belong to you; it is often understood even if not stated that the code belongs to you since you are paying to have it developed. Geeks, making the world a better place |
Noted for future reference. That i should be specific. https://www.deanbassett.com |
I have read somewhere that, unless you are employ of a company you are writing code for (which freelancing isn't), developer own the copyright unless its transferred on paper. What was the contract you entered? What is the industry standard on this? You might be entitled to royalties on sales. It is best to spell out that the code will belong to you; it is often understood even if not stated that the code belongs to you since you are paying to have it developed. EDIT: Nice timing Deano :P so much to do.... |
I have read somewhere that, unless you are employ of a company you are writing code for (which freelancing isn't), developer own the copyright unless its transferred on paper.
That is correct. https://www.deanbassett.com |
It all makes be a bit nervous thinking about me spending possibly $10K + on some custom modules I will need this year. I wouldn't even know how to begin drawing up an international non disclosure, non compete agreement, or even if such a thing would be enforceable. If a person wants to have a Dolphin site with features like no other, that has to be attainable somehow. Thinking I will have to spend thousands on custom work, and then derivatives of that work start appearing in the market because I overlooked some wording in a contract, or because there's nothing I can do to stop the coder from doing that because he resides in a foreign country, is really quite troubling. My opinions expressed on this site, in no way represent those of Boonex or Boonex employees. |
Trust or lawyer! It all makes be a bit nervous thinking about me spending possibly $10K + on some custom modules I will need this year. I wouldn't even know how to begin drawing up an international non disclosure, non compete agreement, or even if such a thing would be enforceable. If a person wants to have a Dolphin site with features like no other, that has to be attainable somehow. Thinking I will have to spend thousands on custom work, and then derivatives of that work start appearing in the market because I overlooked some wording in a contract, or because there's nothing I can do to stop the coder from doing that because he resides in a foreign country, is really quite troubling.
so much to do.... |
Trust or lawyer! Lawyer, unfortunately. Geeks, making the world a better place |
So what are we saying here... that from now on when we ask developers to build add ons or modify (there own)modules to client req. we have to let them sign an agreement saying that the client is the owner of the modified code and that it is not allowed to use it in further module updates. I think that no developer will agree to that and that people here will think twice to spend lots of money to modifications that can end up for the rest of the world to use. It all makes be a bit nervous thinking about me spending possibly $10K + on some custom modules I will need this year. I wouldn't even know how to begin drawing up an international non disclosure, non compete agreement, or even if such a thing would be enforceable. If a person wants to have a Dolphin site with features like no other, that has to be attainable somehow. Thinking I will have to spend thousands on custom work, and then derivatives of that work start appearing in the market because I overlooked some wording in a contract, or because there's nothing I can do to stop the coder from doing that because he resides in a foreign country, is really quite troubling.
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That's what you must do if you want to make it legal. And i also believe you are wrong. To ask a developer to not use a custom designed modification or module in any other product is not to much to ask and i have agreed to those requests myself. https://www.deanbassett.com |
Yes you are right! it is a matter of trust and mutual understanding. That's what you must do if you want to make it legal. And i also believe you are wrong. To ask a developer to not use a custom designed modification or module in any other product is not to much to ask and i have agreed to those requests myself.
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Deano we always disagree on these subjects but let me see if I have this correct by your interpretation? You are saying if I hire you to write code for let's say a module enhancement you are trying to tell me that you own the copyright on the code I hired you to do and lined out what I wanted and paid you for? But when push comes to shove you own the code? Really that is what you are saying? Please point me to any legal case that states that as I am fascinated by even the thought that that could be even remotely close to right. Also his post is right on and needs clarification. If I share industry secrets and then pay for those industry secretes to be put into a module you can bet without question they better not appear in the next phase of the module which I paid the developer(s) to build. I further state I think you are wrong Deano in your thought process for custom work. IMHO! Noted for future reference. That i should be specific.
Csampson |
Csampson |
Copyright And LicensingWhen we create something — let’s say a photograph — we own the copyright, which is our exclusive right as the author to own that work. We control who else can use our work and in what manner. For example, I could allow someone to print my photograph or adapt it in a piece of art. Rather than establishing verbal agreements, I can distribute my work with a license that sets the guidelines for use. The things that are copyrighted are sometimes referred to as “intellectual property.” Licenses are granted by an authority to allow a usage; in my case, the use and distribution of resources by the copyright owner (i.e. me). I may decide to offer my photograph for free or charge a price; either way, I can include a license to limit usage, and I maintain the copyright. Just because someone pays money doesn’t mean they have full control or rights to what they’re buying. Licenses can dictate the number or uses, the bounds of use and even the length of time until the license expires. Moreover, under “work for hire,” the employer holds the copyright, not the author or creative; in many cases, this is a company (such as a creative agency) or its client (by contractual agreement). In such cases, the creator retains “moral rights” to their work, including the right of attribution. This is partly why published articles refer to the author, although moral rights can include anonymity. Copyright laws are incredibly complex, but this should be a good start. look how they saw this is SO complex but see work for hire! In my many readings of legal cases dealing with Real Estate one thing that always rings true is in the absence of an agreement the above as example only would be used to help structure the decision. So each would have to I give their best case on why not to do that... Csampson |
Here is a link to one. http://www.iplawforstartups.com/who-owns-the-ip-rights-to-custom-software/ https://www.deanbassett.com |
Copyright And LicensingWhen we create something — let’s say a photograph — we own the copyright, which is our exclusive right as the author to own that work. We control who else can use our work and in what manner. For example, I could allow someone to print my photograph or adapt it in a piece of art. Rather than establishing verbal agreements, I can distribute my work with a license that sets the guidelines for use. The things that are copyrighted are sometimes referred to as “intellectual property.” Licenses are granted by an authority to allow a usage; in my case, the use and distribution of resources by the copyright owner (i.e. me). I may decide to offer my photograph for free or charge a price; either way, I can include a license to limit usage, and I maintain the copyright. Just because someone pays money doesn’t mean they have full control or rights to what they’re buying. Licenses can dictate the number or uses, the bounds of use and even the length of time until the license expires. Moreover, under “work for hire,” the employer holds the copyright, not the author or creative; in many cases, this is a company (such as a creative agency) or its client (by contractual agreement). In such cases, the creator retains “moral rights” to their work, including the right of attribution. This is partly why published articles refer to the author, although moral rights can include anonymity. Copyright laws are incredibly complex, but this should be a good start. look how they saw this is SO complex but see work for hire! I saw that one as well. And it is only of only a few that state the opposite of what all the other i find are stating. I also belive it has a lot to do with the definition of employer. If i was to work for a company as an employee then under those conditions i would agree that the company owns the work. https://www.deanbassett.com |
Only discussing with you not picking a fight just really fascinated by the subject... Csampson |
I prefer to keep it simple, if client ask to keep it to only their site then its done. Oh and I agree with deano on this topic so much to do.... |
Moreover, under “work for hire,” the employer holds the copyright, not the author or creative; in many cases, this is a company (such as a creative agency) or its client (by contractual agreement). In such cases, the creator retains “moral rights” to their work, including the right of attribution. This is partly why published articles refer to the author, although moral rights can include anonymity. Just a thought maybe you want to state this is a "work for hire" for your entity like an LLC or company entity. It's a good start and if you are the next famous owner of Houston LLC you would have a great start but these are just thoughts nothing more nothing less and in no way is even an attempt to offer legal advise... It all makes be a bit nervous thinking about me spending possibly $10K + on some custom modules I will need this year. I wouldn't even know how to begin drawing up an international non disclosure, non compete agreement, or even if such a thing would be enforceable. If a person wants to have a Dolphin site with features like no other, that has to be attainable somehow. Thinking I will have to spend thousands on custom work, and then derivatives of that work start appearing in the market because I overlooked some wording in a contract, or because there's nothing I can do to stop the coder from doing that because he resides in a foreign country, is really quite troubling.
Csampson |