Common Function Rights
by James "Nycto" Frasca · in General Discussion · 02/12/2004 (10:40 am) · 5 replies
I have been programming PHP with MySQL for more than 3.5 years now, but I just recently started doing it for money. This obviously means that I need contractual protection for the work I do. Being relatively young, I have very little experience with contracts.
My clients obviously want to own the work I do for them. This wouldn't be a problem for me, except I have an entire library of common functions and classes that I have written since I started working with PHP. Whenever I need them, I want to be able to include them in a project without having to worry about forfeiting my ability to use them in other projects.
What kind of clauses should I make sure are in a contract to avoid losing the rights to my common functions? Do you have any example text?
My clients obviously want to own the work I do for them. This wouldn't be a problem for me, except I have an entire library of common functions and classes that I have written since I started working with PHP. Whenever I need them, I want to be able to include them in a project without having to worry about forfeiting my ability to use them in other projects.
What kind of clauses should I make sure are in a contract to avoid losing the rights to my common functions? Do you have any example text?
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#2
Even if you get "example text" there is no way to know if it is inforceable in the state or country where you are at.
02/12/2004 (11:15 am)
Mark is right. That is what you are going to need to do. If your lib isn't worth the time/cost to speak to an IP Lawyer then I wouldn't worry about lossing it to a customer.Even if you get "example text" there is no way to know if it is inforceable in the state or country where you are at.
#3
In the case of java code keeping all the code in your own package hierarchy solves the problem of what is yours along with a copyright block at the top of every source code file.
Nothing really fancy, it is just a straight copyright issue.
That said, consulting a professional is always good advice.
02/12/2004 (1:33 pm)
Actually I have done this, all you need to do is copyright the code and "license" it to the customer. Have something that you both can sign and keep copies of saying you are licenseing your pre-existing code to them to use as long as they are up to date payment wise.In the case of java code keeping all the code in your own package hierarchy solves the problem of what is yours along with a copyright block at the top of every source code file.
Nothing really fancy, it is just a straight copyright issue.
That said, consulting a professional is always good advice.
#4
02/12/2004 (4:45 pm)
Thanks for the tips, guys. It isn't a pressing issue at the moment, but I will definently talk to a lawyer about it.
#5
Exactly what I was going to suggest; even if they wish to "own" the code itself, you tell them you're licensing them your libraries and they own all the core components. Wouldn't really even need to charge them seperate (unless you wish to) just to cover your own, and so you can use your libs in other jobs.
03/07/2004 (3:57 pm)
@JarrodExactly what I was going to suggest; even if they wish to "own" the code itself, you tell them you're licensing them your libraries and they own all the core components. Wouldn't really even need to charge them seperate (unless you wish to) just to cover your own, and so you can use your libs in other jobs.
Torque Owner Mz
Asking on a web forum is a really good way to get answers that sound resonable but are in fact completely incorrect. :)