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Old Jul 25th, 2005, 4:43 PM   #1
wrinkle35
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Ownership Rights

My boss is trying to get a custom database built for his companies.
We are working with a programmer and writing up the agreement.

What has us both kind of stumped is...
my boss wants full ownership rights to this database. The database and website will be hosted on our server.
The programmer wants an extra 40% for us to have this ownership.

I don't understand why we would not have ownership rights to the database when we paid 'Joe' to design it, using our software and server.
Why should we have to pay more?
We don't really understand.
Could someone please clarify why a freelance programmer would want full rights over another companies database?

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Old Jul 25th, 2005, 5:02 PM   #2
big_k105
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Well if he has the rights to it he can sell it to your competion and make even more money on it. I cant see wanting 40% more for the rights to own it. I would think that would be really high. But personally I have never done any freelancing myself so maybe one of the other programmers around here will have a better answer for you.
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Old Jul 26th, 2005, 2:38 AM   #3
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I only work for a company and everything i code is there property.
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Old Jul 26th, 2005, 10:46 AM   #4
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My Company had a few situations like this about four months ago, one with reguards to our VPN and the other to do with a rail car tracking system that we wanted. VPN: First off there quote was laughable, and second, they wanted to own the VPN, and all the hardware that went with it. Which means they could snoop, bring us down when ever they wanted. Needless to say we told them to screw off.

Teacking System: Was for a software/hardware solution for tracking rail cars (we are in the railroading business), but he wanted us to put up all the money and he would ge the rights. Yeah, he didn't last long around our CEO.

If it's your solution, it's your code IMHO, not his. I would walk away and find a coder that wants to play ball your way.
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Old Jul 26th, 2005, 10:56 AM   #5
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If you pay a guy to do work for you, the work is yours. You may, of course, agree to give it away, or meet any other demand someone has the cojones to impose and get away with. Any work of the guy that relates to what you are paying him for is YOURS, even if he performs it on his own time. If it doesn't relate, then that's another story. The whole thing, despite the precedence of existing court rulings, is best covered specifically by contract.

Sometimes allowances and additional monies and rights are give to someone because their skills and performance are far above average and they (possibly) deserve it. This is a judgement the employer has to make.
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