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Freelance / Contractor – Who "owns" the source code?

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Jul 22.2009

I’m new to freelancing (Flash/AS). When you develop a site or app for a client, who “owns” the source (fla) files?

I did a site for a client a few months ago. It reads a SQL database and loads images, text, and links. It also builds the containser, dynamically, so the user can create as many as he wants. I think it’s pretty slick & dynamic, and I would like to retain control of it. Is this an accepted practice? What is the “norm”?

For this instance in particular, my partner was a contractor who sub-contracted out to me. His consulting firm had a contract with the client. The ownership of the source files never came up.

Today (several months after turnover), I got an email from another developer from the client. He said he needs to do some “tweaks” to the site, and asked if I would mind giving him the source files.

Suggestions / advice?

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@ryanbutlerJul 23.2009 — It depends on how the contract was developed. With me, I grant the client and the client grants me an non exclusive right to the source code. Meaning, that if I develop an algorithm that another client wants to use that I did for a previous client, I can.

If you're not getting paid by the client, and the developer will take responsibility for all changes made to the site in writing then I say give them to the developer. That way, if they screw it up, you're not hanged.
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