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  1. #1

    Default IP in a Freelance Programing Situation

    Hi I hired a contractor to help me develop a computer program. I'm in the US and the freelance contractor is located internationally[UK]. We made a contract for work and regards to IP these are the relevant clauses:

    Project output remains the property of [freelancer] until agreed upon payment is given to [freelancer]

    The client is given ownership of all intellectual property of anything relating the project, but provides [freelancer]a license to make use of any programming implemented in the project by [freelancer] in any other products of services that [freelancer]chooses, with the exception of products or services that directly compete with the client's product or service.

    So do I as the client with this wording of the contract have all exclusive copyright rights etc to the project? Is the freelancer simply a licensee to me the copyright holder, or is the freelancer another copyright holder? This agreement was made in writing via email. As the contract involves copyright ownership do I need an actual physical signature for it to be valid?

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: IP in a Freelance Programing Situation

    You have told us that, under the terms of the contract, once you pay the freelancer for services rendered you (the client) are "given ownership of all intellectual property of anything relating the project," and the freelancer gets "a license to make use of any programming [he has] implemented in the project". We have little choice but to take that at face value.

    If you're asking whether a U.K. court would uphold that provision, that's not something I can answer for you. That's a question of U.K. law, not U.S. law.

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