Q&A: How to transfer ownership of program code / proprietary software?
by Ivan Walsh
Question by ZeaTasman: How to transfer ownership of program code / proprietary software?
Is there a template for a valid contract to transfer the ownership, development rights, and all other rights of a software from the developer to another person? Does anyone have a pdf, doc, or a link to a good and sound contract for especially this purpose?
Again, I am not talking about a bought copy of a software here. I am talking about how the developer / programmer of software X can transfer all the rights to the software he developed to another person.
Best answer:
Answer by ThisSideUp
Here is a well written web development contract that minimizes the use of legal jargon, but is nevertheless very thorough. I used it as a reference when creating my own contract template. Refer to the link in the source section. When visiting their website, it is the Contract for Web Development that you are interested in.
Whereas you may not be developing a website, the following clause may be of use if modified for your specific situation:
38. Ownership to Web Pages and Graphics.
Copyright to the finished assembled work of web pages produced by the Developer and graphics shall be vested with the Client upon final payment for the project. This ownership is to include, design, photos, graphics, source code, work-up files, text, and any program(s) specifically designed or purchased on behalf of the Client for completion of this project.
All materials developed under this contract and intended for publication to the web remain the property of Developer until such time as final payment for the work described herein has been tendered by Client. At this time, all materials become the property of Client and may be used by them, as desired.
Should materials described in this contract be used on the web by Client before the tender of final payment, then this contract is breached and appropriate penalties will
apply.
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