selling something
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- epigraph
If I have someone code a custom web app for my website, can I then turn around in sell it to other people to use?
What are the ethics/law behind this?
Is design work made for hire, or does the designer own the rights like photography?
- RW0
Depends on whatever deal you strike up with them... there's no one rule.
- stewdio0
He will find you. And he will not be happy.
- prophet0
"Assuming that you were an independent contractor and not an employee at the time you produced this artwork on behalf of the author, then you likely still own the copyrights in your artwork..."
- IRS0
Does an architect own the house he drew up for the homeowner?
Is a frogs ass watertight?
Does a chicken peck?
Of course you can resell it if you hire them to build something for you. Get a contract done up and get to work.
- SteveJobs0
first you say code, then you say design work. two different things.
plus there's a lot of legal grey area when it comes to code.
- ********0
If the developer knew you were going to profit from their custom application - do you think they would have been within their rights to charge you more?
Do you think it's fair to sell someone code that you can't support or help maintain yourself?
- d_rek0
As RW said.. it really depends on what kind of arrangement you had with them.
Typically in cases of IP or copyright the original author of the material can claim ownership of said materials. What they then do is *license the rights* of the material.
Example:
You create a logo for a large corporation. Before you begin to do any creative you have them sign a piece of paper legally claiming they are simply purchsing the *rights* to use said logo for x amount of time. So that is what they pay for - the *rights* to use the logo - not ownership. If they wanted to buy out the rights for the logo and claim ownership of it you would need to set a price on the rights of the logo. Just remember in doing so you lose any rights you previously retained as owner.There's a lot more to it than that - but that's kinda the gist of it. I imagine there is a similar arrangement for IP/copyrighted code and apps.
Talk to your developer before simply trying to sell/license the code. The last thing you'd want to do is end up in court because he legally maintains all rights and ownership of the app.
- Who knows - it might be beneficial for the both of you to strike up a deal on how to license the rights to the app.d_rek
- ********0
If you produce a design for a corporation that offers franchises - is it right to charge them more, because they're going to gain more value from the design?
I'd say yes - you would charge them more, partly because they are going to gain more value from your design (than a single store business), but also because the task of designing for a franchise involves a complicated set of requirements. The design has to be much more flexible and the problems that need to be solved by the task are complex.
This can also be used as an analogy when selling software.
If the software is going to be sold to many people - the developer needs to be aware of more variables (types of system, use cases, etc.. ) than they would if they're designing for one person.
Because of this .. I'd imagine the code you wish to sell might not even be fit to sell on.
In short -> don't do it.
- SteveJobs0
it's difficult protecting source code, especially if you change it, and then attempt to sell it. he'll have to dish out quite a bit in attorney fees and provide proof that, that was his IP to begin with. kinda shitty on your part, but that's the 'lovely' thing about open source.
also, i do remember reading somewhere that once you change a certain percentage of source code, you can claim it as your own, but i can't recall the source or its credibility.
- Maybe, but open source is about making money from services rather than IP .. it does away people trying to profit from the code. It's allows people to profit from their knowledge.********
- their knowledge instead.********
- I think the whole idea of selling code is flawed.********
- gah .. -> "it does away people trying to profit from [ip and allows them to profit from] their knowledge instead."********
- Maybe, but open source is about making money from services rather than IP .. it does away people trying to profit from the code. It's allows people to profit from their knowledge.
- inhaler970
If you hire him and explain to him the situation, or you hire him and explain to him it is work for hire, and you own the rights after the work is completed you can sell away.
I would just be upfront with coder or designer, and tell them its work for hire. They will probably in turn ask for more pay.
- epigraph0
Yeah, def not trying to shaft anyone.....just trying not to get shafted myself, in regards to fees. Lot of good points here, particularly the one about support.