Contract terms: Ownership of work
Posted: 24 November 2008 02:36 PM   [ Ignore ]
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I have a standard term in my contract that says my client owns the work I do for him.

I have received an unusual query from a client who says he doesn’t want to own it until he has paid for it. I don’t see an advantage to changing the standard terminology. I think this is covered because if I do the work and he doesn’t pay me, he’s broken the contract and we no longer have a deal. It’s not like I can sell his web site to someone else.

I haven’t answered him yet.

I don’t think he’s trying to rip me off, I think he’s “over-thinking” it. But I’m no lawyer. Does anyone else have experience with this?

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Tracey Martinsen
Documentation & Process Mgmt Lead for Tantalus Systems (http://www.tantalus.com)
also Sole Proprietor (http://www.tmartinsen.ca)

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Posted: 25 November 2008 04:06 PM   [ Ignore ]   [ # 1 ]
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What’s the thinking behind his not wanting to own it until he pays for it?  Is there a legal or liability issue that I’m not thinking of?

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Eagranie Yuh
Immediate past president, STC CWC

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Posted: 26 November 2008 08:45 AM   [ Ignore ]   [ # 2 ]
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I’m not aware of any, that’s what I was wondering whether anyone else on the forum had an opinion about.

I think that he thinks I should withhold it contractually to ensure payment, though I doubt he plans to cheat me. My “retaining the copyright” is not any kind of defense against that, anyway.

Anyway I sent a reply, so we’ll see what he says.

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Tracey Martinsen
Documentation & Process Mgmt Lead for Tantalus Systems (http://www.tantalus.com)
also Sole Proprietor (http://www.tmartinsen.ca)

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Posted: 02 December 2008 12:07 PM   [ Ignore ]   [ # 3 ]
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It turns out my client had misunderstood the contract phrasing, and thought I was trying to retain the rights for myself. Yeah, that would explain it.  ;-)

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Tracey Martinsen
Documentation & Process Mgmt Lead for Tantalus Systems (http://www.tantalus.com)
also Sole Proprietor (http://www.tmartinsen.ca)

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