[thelist] Client asked for original files

[Chris Marsh]

> In a message dated 2/21/02 1:13:54 PM Eastern Standard Time, Judah McAuley
> writes:
>
> I disagree. When working as a developer, I always make sure that the
> client gets a copy of the code (if they want it) regardless of whether
> I'm a contractor or working for a company.  The code is necessary to
> keep things working correctly if the business relationship ends.  I feel
> that its very important to make sure, up front, that the client knows
> that they are going to get a solution that will not only work for them
> now, but will also be sustainable if the business relationship ends.

Well, that really depends on the terms of the contract. I have a couple of
products that I will license, and there is no way I am dishing out the
source code for these products. I also have script-based products that I
license. By necessity the source code accompanies these products, but the
client/customer is not allowed to modify or re-distribute this code upon
pain of me becoming rather litigious. None of these products is typically
licensed "stand-alone" (although it could be); rather implemented within a
bespoke site/system. The bespoke code remains copyright me, but the client
has license to do whatever the heck they like with it. I guess the point I'm
getting at is that one should be upfront and accurate with the client BEFORE
the job, rather than haggling over deliverables AFTER the job.

> To that end, I also always make sure that I get PSD's with a font list
> for every design I get from designers.  If the business relationship
> sours, then I still need to be able to change text on navigation bars,
> re-cut a fixed-width design so that its fluid, etc.

AFAICS this situation is very simple. When you enter into an agreement with
a client, sign a contract with them. When you have finished the job, give
them what the contract states they should receive. Hash out the contents of
the contract before entering into it, then there are no surprises for either
party upon completion of the job. If you want the PSDs, write it into the
contract. If the designer baulks at this, go elsewhere.

> A solution yes, but ownership of source code is a different cake
> your chewing
> on. Microsoft and other software companies allow you use of their
> product but
> do not give up the source code.

Yes. You are not buying the application, you are buying a license for it's
use.

> Flash is an object oriented contraption. There is not enough
> money for me to
> give up ownership of some things that I have created. Some of these no one
> has thought of, which gives me an edge on competitors. Now why
> would I give

Now we cut to the chase. Conceptually why is giving up your FLAs different
to giving up your PSDs/source code? It's not. But the bottom line is that
when you make the decision to create them, you have the power to decide what
happens to them. After you have signed a contract you do not. Thus, you have
every right to demand a contractal agreement from your client specifying
that you retain possession and ownership of the source files, just as your
client has every right to refuse and go elsewhere. Once the agreement is
signed, neither of you has any right to renege or demand extra deliverables.

> up my secret recipe? Eat the chicken, but you don't get the recipe! If you
> HAVE to have a recipe, go eat at that place with the grease all over it.
> If you buy a radio do you get ownership of the design? No! or a
> car or a suit
> or a.......

<duck> But what if you REALLY, REALLY want the the chicken "sauce"...
</duck>

Regards

Chris Marsh