Programming Business: A copyright question!

[Jumpy09]

I know this isn't a legal form, but I have a potential problem which relates to a job I did and awaiting payment for.  I coded a website for my uncle and instead of doing it as a normal family method, he decided he wanted a contract.  He wants me to give him all the rights to the website, which includes a few of my most coveted methods.

 

I know how copyright law works for the most part and I am basically looking for a potential loop hole so that I can use some of the methods I have used on the website, for other websites.  This includes the login script, session handler, a few other classes / functions which I make great use of.  Typically as a freelancer, I would retain all rights to my code unless specifically stated in a contract as I was not contracted to do this work.  This would mean they would get an expressed right to use the work, but they couldn't resell, modify, or use parts of the code.  The legalities of Freelance Coding are wonderful.

 

Unfortunately unless someone knows of a way I could write out a bit of legal jargon that makes him feel better, but still let's me retain my right to use the portions of server-side code, I fear I may have to spend some extra time converting the site back to static and charging a lower price.  Either that or somehow behind his back go in and completely change how it is set up so that the general code I usually use for php websites isn't in the code at all.

 

I cannot afford a lawyer, but I do know one who I will try to contact when I can.  I am just looking for some advice from other people who may have realized the 1 major flaw of giving all the rights of your php code to the client.  Maybe someone who has come up with a contract for the specific issue.

 

For those who don't know, once you transfer all rights over to a client and you reuse any of the code ( a Function or a Class ) then you are violating their copyright of the code and they can sue you.  Most of these functions / classes / methods I use in a wide variety of my applications, and I would really hate it if he realized he could screw me over by waiting until I go big and somehow had my code reviewed just to find I use functions and such that were included in his code.. that would end up landing me in a nice large lawsuit.

 

So if you coded a real nice Login Script, which you happened to include in a client's code.  Even if you used it in previous websites, or websites after the fact, if you transferred your copyright to the client, you would lose all rights to that script.

 

Any suggestions?

[thehippy]

For the most part its his and fighting with a client never leads to good.  There is something to be said about having your own library of common classes/methods that you use to build applications.  I think of it in terms of 'common knowledge' if something many of my peers have similarly implemented, its common knowledge.  That said it should be reusable and is definitely something not specific to a project.  I probably wouldn't put a whole authentication system in my library but most of it, maybe just the core (roles, ACLs) and I'd certainly add something like a session class.

 

Here's an essay on being a consultant, jump down to the 'Intellectual Property' section, it might be relevant.

 

*Warning: written while half asleep*

[Jumpy09]

Well the issue was I originally designed him a static website, and this was all done out of a business scope.  I have a feeling that either he has talked with someone, or something along the lines of figuring out how Freelance Copyrights work.  Technically under the copyright law, I would maintain all rights to the work unless it was expressly implied.  I don't mind giving these rights to the customer, I just don't want to lose the right to reuse as you suggested "Library" scripts.  For the most part the library consists of things that vary little by little per build.  I designed them so that I could get a faster launch on doing a new project for myself, and never thought about using them for a customer.

 

I decided since he was family, I would use my library scripts and I wouldn't really have to worry about losing my rights to reuse them.  That being said, I am definitely going to implement a Library Clause and outline what all is covered in the Library and charge a license fee on the library giving them the rights to use, not modify or redistribute.  Anything else I make explicitly for the project, I do not mind giving the rights to those away.. since most likely I wouldn't use the same format or code in that sense.

 

But that Essay really does outline some good advice, I am definitely going to bookmark it and go over it every so often to ensure I remember the most important parts.

 

I really appreciate the link, and I don't really think my method of log-in is Common Knowledge.  The Library Clause / License Agreement should definitely work out seeing as I can give them the right to use the Library in the scope of the application, and limit their right to redistribute it or claim copyright on it.

 

I know arguing with a client is bad business, but this isn't a client per say.  I thought I was doing him a favor by building his website, and offered him one hell of a deal on the work.  I still have yet to receive payment and now he is throwing this up, but I do understand where he is coming from on it.  I am not trying to screw over my uncle, I just want to ensure he doesn't screw me over.  Thank you once again.

[The Little Guy]

I don't know if you have read this, but maybe it will help:

http://stackoverflow.com/questions/900803/cost-and-ownership-of-source-code-as-a-freelance-programmer

 

What it sounds like to me, is that if it was coded before being used in the project, (basically was never made for the project but will work with the project) that you can reuse the code as much as you would like. But if it was made for the project, you can not or should I say should not.

[Jumpy09]

From what I gathered out of it, you would have to explicitly imply what is considered a Library File to actually retain all rights of everything you wanted to retain the rights to.

 

The problem is, he is my uncle and the site was done originally as a favor for a small monetary settlement that just helped me sustain myself while I was waiting to get paid while I was working Construction for him.  I got down there with no money, and needed some, so I coded up just the html in 10 pages with a small bit of php for $100.  When he wanted some modifications done, I suggested that I go ahead and finish what I had envisioned for the site and he had no problems with this.  He didn't have a problem until he realized that PHP Programming was a bit expensive.  I came here to find a reasonable price to undersell my services for, and reached $650.  He wanted to make payments, it's been a month and I hadn't gotten anything.  So I told him that if he wasn't going to pay, I was going to upload his old site back.  I have now realized that even if it is a Family Member, never give them anything in good faith.

 

So I offered him a deal to pay a 1 time payment of $400 and we would be good, cause I need the money.  He threw up the Maintenance Agreement, Service Contract, and an Itemized Bill.  I figured he wanted the Itemized Bill to use as a Deduction for Taxes, but I couldn't figure out where the rest of it was coming from.  I figure he talked to someone who had issues with getting someone else to code their website, and decided he didn't want to trust me.

 

I decided if he wants the complete Transfer of Rights I will just convert everything over to Static Content and charge him an estimated rate for that.  The bad thing is due to this, my next client who is a Friend will have to sign Contracts, Agreements, and Statements and it will end up taking me longer to produce her code because I will have to create an entire Library from Scratch to use for websites that I will do in the future.  I wouldn't charge full price for the Library Files being created, but it will make development time a bit longer.

 

I know this is pretty much my fault for not having everything written, sign, sealed and delivered ahead of time.  I can't technically blame him for wanting the rights to everything, I don't think I would purchase a website if I couldn't be granted the rights to it either.  I know this doesn't reflect good on me and my practices, but this was one thing that kind of slipped my mind when I decided to get into this whole ordeal.

 

I thank you both for your replies and the resources provided, if anyone else gets into this ordeal it will definitely help out.  Just so that anyone knows I wasn't trying to screw my client out of his rights, I was trying to protect mine.  As a Freelance Coder, or working in any field, you always have to protect your rights as well as respect your client's rights.  Technically when a Photographer takes photos, and has a Model Agreement thing, the Photographer is allowed to resell your photos as they please.  I wouldn't resell my Uncle's entire site, as I stated I just wanted to protect my rights to use the files / codes that I had created before I even started working on his site.

 

Thanks again, hopefully my Uncle will agree to the new arrangement.  This topic is solved!