Do I own my new code or not?

[ud03304]

What is the name of your state? VA

Several months ago I had a company develop a piece of software. I selected this particular company because they sell a script that in theory, if properly modified would meet my needs. They sent me the proposal which I agreed to and developed the software. The first questioned I asked them was once completed will I own the entire software. They responded YES. During the development phase I asked them to insert a specific featured in my software that currently existed in their code and they informed me that “very little of their original source code existed in my software” and that my new software “was extremely customized version of their code”. My company planned to redistribute our new software to various other companies and before we sold the first copy we contacted the development company to make sure their were no legal issues with selling the software that they said I “owned”. This is when they completely changed their story! Now they tell me every time I sell a copy I must pay them for a FULL license copy of source code because it was the “core” of my system. So I’m confused, do I own the software or not? I have all the e-mails to support my case. Their proposal made no reference to any license issues and did not indicate that I could not sell my software. What do you think?

 

[divgradcurl]

"So I’m confused, do I own the software or not?"

Well, it depends on what you mean by "own." You clearly paid for the software, so you own that software and can use it. I think what you really mean, though, is do you own the copyright to the software -- because that is what would allow you to resell the software. The answer to this is "it depends." In general, the copyright on work done by a contract company or worker does NOT transfer to the entity paying for the work UNLESS there is a express contractual agreement to transfer the copyright. There are some limited exceptions -- see 17 U.S.C. 101 for the exceptions -- but in general, if the person doing the work is not an employee, ownership of the copyright is retained by the creator, in this case, the company you contracted to do the work for you.

You should absolutely take all of your emails and the original proposal down to a local attorney to determine if there is something in the proposal or emails that transfers to you the copyright or some other type of license to resell to software.