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The Client Wants The Copyright, Is there A difference Price For That?

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  • #16
    Re: The Client Wants The Copyright, Is there A difference Price For That?

    Thanks Peter.

    How well it would stand up in a law court I do not know, but it is better than nothing at all.

    As it happens this particular client is very protective of the application I built for him and does regard the app as a competitive edge.
    Keith Hubert
    Alpha Guild Member
    KHDB Management Systems
    Skype = keith.hubert

    For your day-to-day Needs, you Need an Alpha Database!


    • #17
      Re: The Client Wants The Copyright, Is there A difference Price For That?

      To all here,

      Timebomb explanation:

      A timebomb(not rally a bomb) is setup in the application when in demo or when not fully paid for. Once the money is in and everything is a go, timebomb is removed with an update. There is plenty of warning to the end used before the app shuts down.

      I did not mean to imply that all my apps were going to explode somebody's computer somehow. It just stops alpha from running my app.

      I also have a way built in so the end user cannot sell the app( anything is breakable). It is my property, not his. The data is his, not mine. I really prefer to not know his data except when necessary to further the app.

      Dave Mason
      [email protected]
      Skype is dave.mason46


      • #18
        Re: The Client Wants The Copyright, Is there A difference Price For That?

        You should read the article at related to "work for hire." As I understand it, unless a work for hire agreement was signed before the work was commissioned, the author owns all rights. The article further indicates that any agreement signed after the work is performed may be invalid.



        • #19
          Re: The Client Wants The Copyright, Is there A difference Price For That?


          If it hasn't been discussed before and agreed upon, I never, never, never give up my copyrights. I had a client that wanted the copyrights of the API code I had to translate for him. I said I won't give up the rights. I never heard from him after that. I think the man has eaten his hat. :D

          Keep your rights and if the user quits the whole business you can sell it to others. The application you've build is promising otherwise he doesn't want te copyrights. If you do give up your rights you cannot sell the solution anymore.

          Good luck!
          Last edited by Marcel Kollenaar; 09-20-2008, 07:21 PM. Reason: Deleted a not so good advice.

          I hear and I forget. I see and I remember. I do and I understand.
          ---- Confusius ----


          • #20
            Re: The Client Wants The Copyright, Is there A difference Price For That?

            I said below never to use the client's contract, but obviously sometimes that cannot be avoided. But I just had a client experience that gave me a very good reason TO let the client draft the contract (even if you don't accept and revert to yours). The client's contract, especially if created as a brand new document, really tells you who you are dealing with. I found, through several contract rounds, that I really did not want this assignment, even though it presented a decent return (but not guaranteed, based on future revenue stream, you know...if any).

            I've never seen a contract before that, all at once, mandated an "open, colaborative relationship" (undefined), recognized me as an Independant Contractor, forced me to work from a one-page specification, while mandating the deliverables had to match the spec to the clients satisfaction, else no payment.
            Steve Wood
            There is no Cloud. It's just someone else's computer.
            Web - Mobile - Hosting - Products - Frameworks - Developer Resources
            AlphaToGo | IADN (100% Alpha Anywhere Websites)


            • #21
              Re: The Client Wants The Copyright, Is there A difference Price For That?

              I've had a few customers ask for "the rights" to an application I wrote for them and in most cases it's just because they want the ability to change/fix things in the future even if I'm not around.

              My answer to that is that I will give them the passwords to access everything but I also make sure they understand that they are not to sell the application to anyone else without first consulting me since I actually own the rights. I'm not against them selling it; I just want my cut.:) In most cases, the response has been something like, "We don't want to sell it! We just don't want to be locked out if changes are needed and something happens to you."

              Since they apparently paid you the "full price" up front, I suspect that there is a very good chance this is all they really want. In my experience, most people who expected to sell the application tried to get me to do the job at a reduced price for a cut of the profits. And I will NOT do any job for a reduced fee in exchange for a cut of the profits! See why below.

              FWIW, I've also had a number of people who were sure their application would sell like wild fire when it was done. So far they've all been wrong. As someone else stated earlier, everyone wants something different. Attached are the screenshots of the 6 tabs of my Program Options form for my most successful generic app - about 3000 hour of development and 10 users. No, I'm not getting rich on it - not even close to a liveable wage off of it. Mostly because I didn't check out the marketability aspect before I started.

              Be VERY skeptical of getting into any situation where you only get a small fee because you will get a cut of the profits when it's done and sold to "all those other companies who are dying for something like this." Check it out very carefully YOURSELF first - check out the demand, check out the marketability, check out the market price, consider maintenance issues (yes, there WILL be maintenance required even if you think your app is rock solid), think about marketing issues such as time, personnel, and direct marketing costs, and think about setup time/costs. If you've never done it before, double your expectations and assume you're still guessing too low.

              My recommendation - get paid a reasonable fee up front for anything you do then make the "real money" later IF it sells. If it does sell well, the fee they paid you up front will be nothing. If it doesn't sell, you will have donated your time to that first company.

              Now check out my program options to see how many there are and remember that NONE of them were required for the first customer. These were ALL added for subsequent customers even though each company is in the same business. The business is installing real estate sign posts. It's not the kind of business you would consider complex but I found out everybody wants to do something a bit different than the other guy. (And, FWIW, consider that one of my customers typically had 7000 posts installed at one time. Now multiply that by a cost (not price) of about $35-40 per post and you can see that he had nearly $250,000 of his inventory spread over two counties. Unless you like the idea of giving away 1/4 million dollars every year or so, tracking all those and getting them back is critical but realtors generally don't think about them once the property sells. ...And some people think it's not a "real business".)

              Edit - Well, OK, I lied a little bit in that second paragraph. There are a few functions I won't give them access to because they are "my" routines but these can either be removed from the app without causing any real problem or, since it's a function, they can just remove the function call and do their own thing instead. For example, I won't give them access to my "upload to aims" routine that can be used to upload their data backup or application backup to my website because it contains the password to my website! Sorry, that's private! If I don't want them to upload anymore, I just remove their folder. (But it is a really handy function when they have problems and I need a recent copy of their data so I can find/fix the problem.)
              Last edited by CALocklin; 09-20-2008, 11:34 PM.