Legal positions (UK)

[dougal85]

I was wondering if anybody can recommend a book or something that I could read to help me out with copyright laws and such. I've had some very basic training at university, however they just seem to love talking about Data Protection Act and so on.

I've kind of stumbled into being a freelance web programmer and I'm starting to realise I don't know where I stand with some things. I'm getting quite busy so I thought I should get a bit wiser.

For example, if company A contracts me in can I reuse the code I made for them?

If I subcontract projects or part projects out who then has rights over them?

I've done various projcts so far and I've not bothered with any contracts and I've not been asked to sign any either. Word of mouth and email stuff seems to be doing ok so far. Should i really be pushing for contracts?

[laserlight]

For example, if company A contracts me in can I reuse the code I made for them?

If I subcontract projects or part projects out who then has rights over them?
It depends on the contract, of course. From what I understand as a non-lawyer, the person or organisation who hired you generally owns the copyright to the code.

Should i really be pushing for contracts?
I think that is a good idea. You could refer to an old thread on the issue: Working for others, code reuse and copyright (http://phpbuilder.com/board/showthread.php?t=10316651).

[dougal85]

hmm, my understanding was by UK law if you are an employee for the company they own the code. However, if you are a freelancer and therefore they are effectively your customer... they don't own the rights to the code unless its explicitly signed over in the contract.

Also, I know that in scotland word of mouth, emails etc are legally binding. However, I guess contracts would make things more sure.

I just think I would find it a bit strange asking a company to sign a contract since nobody has asked one from me. I wouldn't know how to word it without it sounding like, I don't trust/believe you. It seems that so many people work on trust.

It's all to confusing for me really...

[laserlight]

However, if you are a freelancer and therefore they are effectively your customer... they don't own the rights to the code unless its explicitly signed over in the contract.
Yes, I think it really depends on how a freelancer is viewed - a temporary employee, or an external agent?

Also, I know that in scotland word of mouth, emails etc are legally binding. However, I guess contracts would make things more sure.
I do not know about the law in Scotland, but contracts can be formed by word of mouth or emails, so you can settle the question of code ownership even just verbally. Of course, having a printed and signed document is far better than having to prove that what was said really was said or that the email was not forged.

I just think I would find it a bit strange asking a company to sign a contract since nobody has asked one from me. I wouldn't know how to word it without it sounding like, I don't trust/believe you. It seems that so many people work on trust.
I see what you mean. Still, I guess it is better safe than sorry for a big or even moderately sized project. Besides, on such a project you might ask for partial payment after some milestone has been reached, so having a written contract that includes a concrete requirements specification would be clearer for everyone.

Basically, put it down in writing what is the scope of the work, what is the fee and when should it be paid, and who owns the work (or parts of it, e.g., a library may be under your copyright and non-exclusively licensed to the client, but the client owns the copyright to the more client specific parts).

Disclaimer: I am not a lawyer, this is not legal advice.

[piersk]

Ok, IIRC (and IANAL) they own the code, but they can't own the idea of it. i.e. if you work on a product for one company, you can't then sell the same product to another but you can sell the idea of it.

A good example is a threaded forum. You can write one for to different companies, but neither of them own the idea of a forum, just the code for that one.

[laserlight]

Ok, IIRC (and IANAL) they own the code, but they can't own the idea of it. i.e. if you work on a product for one company, you can't then sell the same product to another but you can sell the idea of it.
In some cases they can own the idea somewhat, at least in places where software patents are allowed.

[dougal85]

Hmm, I see.

I still wouldn't mind something to read to help me understand everything more. I'm going to have a search for something.

It's quite a gray area still, I imagine there must be some very convoluted course cases due to this.

[dougal85]

I just asked lecturers at university and got the following reply...

"if an independent contractor has been engaged to write and supply
software for a customer (or any other work protected by copyright),
unless the contract is in writing (or there is some other document
dealing with copyright), copyright cannot be assigned, and the
independent consultant maintains copyright ownership."

Good news.