Re: FN-FORUM: Help needed about licensing a web application

date posted 30th January 2006 09:38

You will have to be clear in the contract where the ownership lies
and what he is paying you for.

When I have worked on the other side of this type of agreement I have
taken the approach that you are building the site for me - you
probably wouldn't have been building it otherwise - so I own the
product, including its source code and can re-use or re-sell it as I
choose. You also have the right to re-use the components in other
projects - to try to prevent you would be restraint of trade, because
I can't expect you to forget the work you did for me. However you
would not be able to set up an essentially identical site in
competition with me.

It might have been a different story if you had built a site off your
own bat and then sold it to him, but it doesn't sound like you've
done that.

It sounds to me as though the offer is quite a good one - you will be
able to take advantage of his networking and marketing and
essentially earn from the product several times over. Though I am
confused as to why he would want to sell it to others. Doesn't he
want to run the site himself? If so why would he encourage
competitors to run essentially identical sites? Unless this is an
intranet of course.


Ian.
--
Ian Piper
Tellura Information Services - the web, document and information people
http://www.tellura.co.uk/
01926 811574 | 07973 156616
skype: ianmpiper
--


On Jan 30, 2006, at 9:43 AM, D D Glendinning wrote:

>
> Morning All!
>
> Right, I was in London meeting a client last week, who is looking for
> a very comprehensive Expedia style website to be built.
> I am quoting him for this work, but there's an area I am unsure of:
> Ownership.
>
> The chap basically said that if he is happy with the work done at the
> end, he will take the site to tradeshows and sell it to other
> companies, and "go 50% - 50%" with me.
>
> Now as far as I understand it, the fee he will be paying me will be
> for his website, and not for ownership of the code, which remains my
> property. So, the way I see it, I build the website, and bill him
> accordingly, and then he cannot do anything with the code without my
> prior consent. Am i right?
>
> I would appreciate you copy and pasting any Terms and Conditions you
> have in your quotes, proposals, etc.. regarding this issue, just so I
> make it perfectly clear from the outset.
>
> Many Thanks,
>
> D
>
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