I am developing a web application for a client, how can I stop them from licensing it?

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I am developing a web application for a client, how can I stop them from licensing it?

I am creating a web application that I am developing for a client and I want to ensure that I maintain the rights to resell the application. How can I stop this client from licensing it himself?

Thanks.

Could something like this be used? here http://www.developer-resource.com/sample-eula.htm

+1 A:

If they are paying you to do the work, they own the application & have every right to license it as they see fit.

OMG Ponies 2010-07-23 21:05:54

Not necessarily. In any case, this can be definitively settled in a contract.

David Thornley 2010-07-23 21:07:23

It very much depends on the agreement. You can expect this situation when working for a corporation, but that's because it's typically outlined in your agreement with them. If it isn't you potentially have the right to claim your work as your intellectual property.

George Marian 2010-07-23 21:08:16

@George Marian: Your IP on a project based on a clients requirements? You're welcome to take that to court, but I doubt you can claim IP rights on a project only initiated by a clients request.

OMG Ponies 2010-07-23 21:09:39

@omgponies If you're doing work for someone else, it's always going to be based on someone else's requirements. I don't see how that makes a difference. Yes, the assumption is usually that they own it, however if it's not outlined in the agreement, it doesn't necessarily mean it is so. Every company I've ever worked for, as a developer, had a clause in the agreement about my work there being their intellectual property. I actually lost a contract once because this wasn't worked out ahead of time and I wanted the rights, since I had to work my ass off to understand the requirements.

George Marian 2010-07-23 21:28:24

+2 A:

This sounds like it should be in the terms of your contract. For specific technical measures, we'd need to know more about what your application is exactly.

JGB146 2010-07-23 21:06:28

Disclaimer I am by no means a legal expert Disclaimer

Most of the time when you are working under contract your employer own anything you make. Intellectual property law can be confusing, but that particular aspect of it is pretty reliable.

P.S. - Were you to try and end your relationship with the client and develop it independently, that probably wouldn't work out well either.

wshato 2010-07-23 21:09:53

+1 A:

Basically, this is a legal and not a technical question.

When you do web work for a client, there are really no common technical measures so that you could give the code to them but not have them access it and do whatever they want. The only thing to guarantee this is that you host the app yourself and just sell them the service/access.

When you write code for someone but want to prevent them from doing something with it, your best choice is to have a good contract that protects you and lets you sue them if they violate it.

Jaanus 2010-07-23 21:12:00

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I am developing a web application for a client, how can I stop them from licensing it?

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