Source Code rights

[ZBoy]

A friend wants me to update his site. The designer, however, is trying is trying to charge him for access to the source code. Is this legitimate? Doesn't paying for the site include access to the original documents unless otherwise stated or is that visa versa, you don't get access unless you specifically state that? Very curious as to what is the semi-legal, or least etiquette, standard here.

[Abelius]

How was the contract stated?

[ZBoy]

not entirely sure. It's a photographer's site and it was done by a friend (it looks great). Since the photographer was shocked at the turn of events, I assume the whole thing was sort of casual, rather than formally contracted. Do you have any idea what the standard policies (if any) are?

[crabcake]

The developer in question is probably right, as I dealt with a similar issue in a company a couple of years ago. I built an incredibly complex and state of the art piece of software in Flash. The client company demanded the source code, my bosses handed it over, and the client then turned around and said "thanks, we don't need you any more as we can now use the source code and make our own versions in the future."

The code in the site is worth a lot more than the use of it, because you can take his code and use it elsewhere to make a lot of money. It's no different from buying any software - you have an end user license, not the rights to the source code.

[ZBoy]

Thanks. That makes sense.

[toxalot]

Doesn't paying for the site include access to the original documents unless otherwise stated or is that visa versa That's vice versa. We deal with copyright issues a lot on a list I am on. The original creator automatically owns full copyright unless there is some contract that states otherwise.

In a sub-contract situation, you need to get it written into a contract. Now in an employee situation, it is usually the employer that owns the copyright unless there is some contract stating the obvious. [edit: that should be opposite not obvious. :-)]

As a developer, I lay this out up front with the client. If they want the copyright, they gotta pay me big bucks for it.

Jennifer

[ZBoy]

thanks Jennifer. Concrete, just like I like it. Appreciate it.