Legal Question in Intellectual Property in Oregon

Code Ownership

The organization I work for has developed a web-based software program in which we sell subscriptions. We hired a programming company to do all the programming/development etc. We were under contract with them but after we released the site to the marketplace our contract was done. We paid them their money and are done. Now we need to make some upgrades to the site (i.e. come out with version 2.0) We had planned on doing this all along but never made an agreement to use the programmers that originally developed the site. We have found another programming firm locally and would like to have them do the programming going forward. In order to do this they need a complete CD with all the code, backup databases, files etc such that they can upload the site onto their server. I have requested this and our programmers do not want to give us all of this, they will give us part of what we want but not enough of the files to change to another programmer. I would like to know who leagally owns the code/databases/files etc. and must they supply us with this upon our request? If they must then can I reference the law that binds them to this?


Asked on 3/29/07, 12:27 pm

1 Answer from Attorneys
Andrew Svitek Svitek Law Group, LLC

Re: Code Ownership

Typically the creator of a work owns the copyright. There is an exception involving "work for hire" under 17 U.S.C. sec 101.

This is a confusing area of the law. Just because you paid for the software does not mean that you own all rights to it.

Agreements with independent contractors should state: (1) that it is a �work for hire� and (2) that the copyrights to the work are assigned to the company.

At this point, review your agreement. If that language in not present, you can ask the independent contractor to execute an assignment of copyrights after the fact.

This is something the programmers will be very careful about doing because they will lose rights in the code.

I can help you negotiate and draft this type of agreement.

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Answered on 3/29/07, 1:34 pm


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