[thelist] Intellectual property on source files

Mike Hardaker mike at angloinfo.com
Thu Jan 25 12:45:31 CST 2001


> Often the issue is that they want to do their own amendments to the files,
> often for cost issues, In this case, it's like asking Ford to give you all
> the machining tools and blueprints, so that you can get Nissan to make the
> car at a cheaper price, without all the R&D and testing costs involved.

True, but you *would* be allowed to add spoilers, diffeent wheels, a new
carb... You'd void the warranty, maybe, but you *could* modify the product.
Without sources, that can be hard in the case of a Web site.

> To put it slightly more in the realm of "art" and subjective stuff - that
> our industry arguably has more in common with - it's like asking
> the artist
> of a portrait to hand over all his sketches, initial attempts and even his
> paint and brushes.

Is it? Or is it like saying "I own this painting, and if I want to re-touch
it myself I can."? This is a very grey area, I think.

> I would say - as a general principle - that your clients are perfectly
> entitled to source files if that has been agreed, either up front or after
> the event, and that an additional charge may be made.

A good rule of thumb, I'd say. However, I'd add that copyright must remain
with the creator (so code can be legally re-used, if for no other reasons)
and the client use of code must be contractually restricted - by which I
mean that thay can modify the code *on that site* but not use it as the
basis for a new site, or for resale, or whatever.

In essence, they get a restricted-use licence.

Of course, there can be problems if the code contains some really clever
proprietary stuff that you don't want other people to see, under any
circumstances.

If that's the case, I guess you need another thumb.

-------------------
Mike Hardaker
Founder & Publisher
AngloINFO
www.angloinfo.com






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