> Organization: EarthLink Inc. -- http://www.EarthLink.net
> Newsgroups: comp.databases.filemaker
> Date: Mon, 26 Jun 2000 05:43:22 GMT
> Subject: Re: (How do I price my FMP product?)
> Thanks Lynn, James, Rad, Joe for your responses.
> (I most like Lynn's comment "Ask a lot and see if you get it. The worst that
> happen is that you don't sell something you've already been paid for." :-)
> I really do appreciate all the comments on ownership and copyright issues,
> Can anyone recommend a place where I can look at a good sample contract, with
> delineated clauses about ownership/copyright/licensing issues?
> Thanks again.
> p.s. Is it really true that a client doesn't have the rights to modify a
> system I
> create? That seems to go against why people like FMP in the first place - so
> they can add little bits here and there as needed, without having to pay a
> consultant for every little thing.
>>> There is a copyright issue here.
>>> If you have devoloped a solution for one company you own the rights and that
>>> company cannot make modificatios without using you or getting permission
>>> from you.
>>> In return you have devoloped that solution for them and can't cut and paste
>>> that code so to speak.
>> I believe you're mixing two separate situations here.
>> One is ownership of copyright.
>> One is ownership and right to reuse and sell the code.
>> They are not reciprocal and DO NOT depend on one another in the way you
>> state. It all depends on what was stated in the contract with the first
>> customer for the custom solution. Authors and creators always own
>> copyright unless they specifically give or sell it to someone, or unless
>> they are working for hire (which usually means you are an employee of
>> the firm for which it was developed, not just a consultant.)
>> The right to own the code and re-sell it also resides with the author,
>> and unless it states in the contract with the first customer (or, once
>> again, if you are working-for-hire) that the author no longer has that
>> right, that the author transfers rights to the code to the client, the
>> author has the right to reuse and resell it.
>> If you have not granted copyright and ownership to the first company,
>> you can do what you wish with the code without reference to the first
>> company. I specifically RETAIN copyright and the rights to re-use the
>> structure of the database in my contract. If a customer wishes to buy
>> ownership of the code, as opposed to licensing a copy of the software,
>> we negotiate that, usually for a higher price. When that happens, I do
>> not reuse code, but rewrite it.
>> Copyright and intellectual property rights are pretty complex. Let's not
>> introduce too much confusion here. :)
>> Lynn Allen Allen & Allen Semiotics
>> FSA Associate Filemaker Consulting & Training