JamesyBHOY Posted May 16, 2007 Share Posted May 16, 2007 Hi, I was just wondering does anyone have a contract or 'wording' that I can use for an upcoming project that I'm gonna get done by a freelancer. Bascially I want them to create for me, only be for me. Stopping them from using it in future for anyone else. The simple reason for this was originally, they sent me a few links to previous samples of work that they had done for others. They first offered to create a clone of it with a little rebranding thrown in for good measure. However I already had a unique design outlined in a project file. It'll take around a month or 2 to complete & I'm paying a lot for it. As well as part of the fee upfront. The thing that I want to prevent is them in future for another client simply copying or cloning all or part of the unique work/concept what they did for me. As well as the small part of it that was already completed by me. I know if I don't get this prevented that they will end up at some cloning it for someone else. My project is totally far more advanced that what they have previously done. I spent a lot of time checking stuff out, researching etc. As well as getting a designer to help me come up with a suitable user interface. I'd hate to have gone through all those troubles that took 4 months to complete, only for them to make a direct or part copy of my program for the first person that asks. Offering to do a direct clone of previous work for another client, combined with them wanting a large percentage of the fee upfront etc, makes me believe it'd be in my best interests to get something signed before any fees have been paid or work started. The trouble is that I have no idea what to put down. Just something that states that any work done for me is solely for me & may not be cloned, copied or reproduced for another other client in future etc. As well as being specific to the project file that they have already been provided with etc. I either email (they would then print it out) or fax them a copy. They sign & date it, then fax or email (scan the print out back in via a scanner) it back to me. Then we get started on it. So I was hoping that somebody here will have had something lying about from previous work or can offer some advice on wording for it that I can use. Many Thanks James.. Quote Link to comment Share on other sites More sharing options...
taith Posted May 16, 2007 Share Posted May 16, 2007 a) it'd cost more b) tell them it will be copyright'ed... they make it, you buy it off them, and they destroy all copies... not to be redistributed. Quote Link to comment Share on other sites More sharing options...
cmgmyr Posted May 16, 2007 Share Posted May 16, 2007 NDA also Quote Link to comment Share on other sites More sharing options...
taith Posted May 16, 2007 Share Posted May 16, 2007 ...? for those of us who dont know what NDA means...? Quote Link to comment Share on other sites More sharing options...
cmgmyr Posted May 17, 2007 Share Posted May 17, 2007 Non-disclosure agreement Quote Link to comment Share on other sites More sharing options...
taith Posted May 17, 2007 Share Posted May 17, 2007 aah ;-) thanks ohya! c) it'd take longer and just for the notice... even if a programmer signs away rights to a certain program, they know it better then anyone... i'd be suprised if they wouldnt be able to replicate a similar product in a very short amount of time... needless to say, it would have some differences, the programmer may have learned a new trick, did some upgrades, forgotten something, may not work exactly the same... but in essence... its still very close to the original... not to say that an NDA wouldnt prevent them from redistributing the same program, but that programs are "easily" replicateable after its done. Quote Link to comment Share on other sites More sharing options...
cmgmyr Posted May 17, 2007 Share Posted May 17, 2007 yeah, pretty much all he could do is change the function names or something and it is "different" there is really no way for you to truely insure your product unless he was working for you in your building on your computer and he wasn't allowed to save to any external devices. But obviously this isn't that secure either... Quote Link to comment Share on other sites More sharing options...
taith Posted May 17, 2007 Share Posted May 17, 2007 HAPPY 1000 CMGMYR! lol... agreed... however... even if you make it so no software goes with him/her... (s)he still has their brains... now every programmer programs differently, and every program is has slight variations depending on the customers wants, the page itself, and a hundred other tweeks... now... that does mean that every code will be different, but the style in which the programmer, doesnt(very quickly)... meaning you may have the rights to their code, for your page... but that doesnt mean they cannot build similar pages after the fact. now that much said... alot of pages out there nowadays, have CMS type backdrops... custom/joomla/phpnuke/etc... all/most of which are proven effective and "secure"... why complain about something thats proven to work? personally... i make my cms seperate for every page that i do, now... they all do have a similar core, but each one is highly tailored to the page's/customers individual needs and wants (modules/flatfiles, statistics, etc)... but they all have a similar core, because... well... thats just how i program, and its the best way that i've found... Quote Link to comment Share on other sites More sharing options...
cmgmyr Posted May 17, 2007 Share Posted May 17, 2007 Thanks! Yes, that's how I program too...everyone should. You should always have your "bag of tricks" that you can go into and pull out a script. Thats the good thing about programming...re-use re-use re-use. Why re-invent the wheel for each project? When you can pull something out of your bag it cuts down on your "costs" (time) so that your "margin" goes up! Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.