Legal Question in Technology Law in California
Software Code Ownership
I have hired a contractor to develop a website for me. He has done a lot of the work upfront in order to compete for the contract. Due to his work upfront, he is requesting that he keep a copy of the code when the project is complete for his portfolio of technical information and sample codes he has accumulated over the years. . I am willing to give him a copy, but want to ensure he does not re-use, distribute, or sell this copy of the code. Overall, how can I ensure that if I give him a copy of the code that he will not re-use, distribute, etc? What sort of clause or statements do I need to put in my contract?
2 Answers from Attorneys
Re: Software Code Ownership
Your contract needs to clearly describe the details of the entire relationship between the parties; the representations, authorizations, rights, remedies, rules, termination, etc, etc. Those contracts are what attorneys get paid to do, trying to avoid the client being involved in disputes later over undiscussed issues. If serious about getting legal help doing this right, feel free to contact me.
Re: Software Code Ownership
Actually, you don't. Under copyright law, the code belongs to the contractor, not the owner of the site.
You CAN make a contract that restricts the designer's right to make other such uses of the material... but it's not do-it-yourself stuff. You're going to need a lawyer with experience at this kind of thing!
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