NYCPHP Meetup

[David Roth]

Not that it helps much, but his argument isn't valid. We all pay for
software we can't own or re-sell, but make full use of it. I think your
reasoning for keeping the copyright is very valid, because it would be a
pain in the neck to track and seek permission each time you wanted to base
a new project on an existing one, especially if you got turned down.

You could consider having a written agreement which gives him the option
(for a limited period of time like 2 years, after which you retain all
rights and control and it reverts to a non-exclusive license) to be able to
sell the software in return for perhaps a percentage of sales or an
additional fee. Or write the agreement where he does own the entire
copyright for a higher fee to start with. Kind of a pay me now or pay me
later agreement. Sometimes it's better to give clients a choice of things
so they can select what is most important to them. If he feels very
confident in his ability to sell this he may be able to justify the higher
fee to own it all. Or doesn't mind waiting to see how he does with selling
it and it cost him nothing extra until it starts to be sold.

It would also be a good idea talk with an attorney who specializes
in Intellectual Property which covers copyrights, patents, etc.


David Roth


On Tue, Feb 5, 2013 at 3:01 PM, Edgar Reyes <ereyes at totalcreations.com>wrote:

> **
>
> From the conversation we had it seemed as if he wanted to resale it or
> might resale it in the future, he’s argument was why am I going to pay all
> this money for something I don’t own, I told him ones I’m done it, will be
> yours to use as you please you own that copy, but you cant resale copies to
> other people / companies.****
>
> ** **
>
> ER****
>
> ** **
>  ------------------------------
>
> *From:* talk-bounces at lists.nyphp.org [mailto:talk-bounces at lists.nyphp.org]
> *On Behalf Of *David Roth
> *Sent:* Tuesday, February 05, 2013 2:34 PM
> *To:* **NYPHP Talk**
> *Subject:* Re: [nycphp-talk] Programs rights and Lic etc.****
>
> ** **
>
> At the heart of this would be the question --  why do they want to own the
> copyright? Is the software something that needs deals with securing their
> systems so it needs to be kept secret or has something to do with a
> proprietary process to their business? Do they have concerns that you would
> do similar work for their competition? Could they have plans to market the
> software you create for them? If that is the case, I can see them wanting
> to own it.****
>
> ** **
>
> Sometimes clients have misconceptions about copyright ownership and that
> it implies some sort of control over something they may not need control
> over at all.****
>
> ** **
>
> David Roth****
>
> ** **
>
> ** **
>
> On Tue, Feb 5, 2013 at 12:57 PM, Edgar Reyes <ereyes at totalcreations.com>
> wrote:****
>
> I have a question that maybe some of you can shed some light or what your
> experience with this might be or how you guys handle it. I was contacted by
> a potential client that wants me to create a custom program for him, I said
> not a problem, my company usually reserves all the rights an any an all
> programs that we create, this particular client want to own the rights to
> the program, I’m a bit hesitant as I like to keep the right to programs I
> create in case I get a client that wants something similar and I just need
> to modify some aspects of it making the development easier and if I get a
> client that ones the exact program then I can sale it to them, how do you
> guys think its the best way to go about doing this?****
>
>  ****
>
> ER****
>
> ** **
>
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