Florida  |  Technology Law

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12/28/11, 5:28 pm

Legal Question


I am an independent contractor that provides web development services. Unfortunately, after 20 years, I happened upon a client who will not pay his bill. He has no problem with the services I provided but has no cash, despite the fact that he verbally assured me and another contractor multiple times that he had sufficient funding. His bill amounts to almost $11,000.

I have an "inventions" clause in my contract that assigns ownership of all code I develop to the client. However, since he has not paid and breached the contract, he has not completed the transaction, though he continues to use my product and make profits from it. In my opinion, this is akin to a songwriter's lyrics being used in a hit song without being compensated by the record company.

In the software industry, you either own software outright ... or you license it. Can I charge this client a daily licensing fee for the use of my code, retroactive to when his invoice was due and continuing to when he either pays the original invoice or ceases using my application?


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