Who Owns the Source Code?

A client had developed an app and asked us to do some minor work on their existing app. I told him that we would need access to the source code so the client went back to the original developer to get the source code only to find that the developer claimed the source code as his intellectual property and refused to provide it. Unfortunately, this is not the first time I've seen Source:  https://www.iconfinder.comthis source code ownership issue. Here are some of the implications of not having the source code to your app:


  • You are forever tied to the developer. Any modification, bug fix, or upgrade has to go through that developer. This is problematic because the developer could raise the price of development and is problematic if that developer becomes sick, busy with other projects, etc.

  • Raising funds or selling your project becomes more difficult because there’s a question of who owns the intellectual property.


Common Law


(Disclaimer: I’m not a lawyer; if this is a concern, please get good legal counsel). In general, the author of content owns the copyright. In the case of a software developer, it’s the person physically typing on the key board to create the code. An exception occurs under the “Work for Hire” doctrine where the work is developed by an employee with the scope of their employment. However, when contractors are used, this becomes a little more unclear.


Personal Opinion


If I hire someone to buy a house, at the end of the project, I want the keys to it. In a similar fashion, if I pay someone to develop an app for me, I would expect to have the source code upon completion. At Apptology, this is our general policy. The exception is when we develop an app based off one of our templates. In which case, the template is our intellectual property.


Recommendations


If you are having an app developed by a contractor, have an open discussion about the source code ownership as part of the vetting process. If you don’t agree with their source code policy, move on. If you decide to go with that developer, make sure the ownership of the source code is spelled out in the contract.



By Rich Foreman, CEO / Apptology and Director of Startup Grind Sacramento. Rich co-authored the book Tap into the Mobile Economy and his blog has been listed in the Top 20 Mobile Marketing Blogs of 2014.  Follow Rich on Twitter at @ApptologyCEO or attend a Startup Grind Sacramento Event.