Comment by caseysoftware | Hacker News Reader

Comment by caseysoftware | Hacker News Reader

First, check into who owns the code. With most Work for Hire agreements in the US, the client owns the code.. it may be squishy/unclear on when that ownership occurs. When I still consulted regularly, I had a lawyer note that ownership is not transferred until all invoices are cleared. It was never challenged in court but gave me some leverage.

Second, understand where the code/system currently is. If it's on your server (defined as a server you own or rent), you have different options than if it's on their server.

If it's your server - unless you have a commitment to continue providing the service - you may be able to shut it off immediately.

If they have granted you access to their server for the "duration of the project", you may be able to make the argument that the project isn't over yet and do things.. but speak to an attorney.

Either way, if this is a mission critical app for them, disrupting their business can cause other difficulties for you that you don't want.

Collect the information you have - agreements, records of payments, commitments (written are best, verbal are usually worthless), and ownership - and speak to an attorney. In the US, many lawyers will speak with you for 30 minutes for free as they evaluate your case and lay out options.

> With most Work for Hire agreements in the US, the client owns the code..

I think you have this backwards. By default the creator owns the code. (unless you agree in writing otherwise) Some exceptions I am aware of (IANAL) is if you are an employee, then the employer owns the code by default.

Under the "work for hire" clause, I think (?) that if you are commissioned for the work as an individual, you should have the copyright by default but may not have the copyright based on agreements made. But if you are commissioned as a business entity, your business entity would own the copyright. (again, unless explicitly agreed otherwise)

If someone else can chime here, as I may be wrong on this.

https://en.wikipedia.org/wiki/Work_for_hire

I have signed a number of work agreements when being hired by a number of US companies.

They all clearly state that I transfer all rights, including the copyright, to the company. But it only applies to the code I write using company's technical means, or otherwise as a part of doing my job.

(Hence I keep any private stuff on my own laptop, never on company's.)

That's true of code developed in the absence of a working agreement. What GP meant, I assume, was that in _most_ cases, when you freelance or contract with a business with a MSA or other contract, that contract is going to specify that the work performed is WFH. Default ownership of copyright and code doesn't apply in this case.

But, if for some reason the agreement didn't specifically note the work performed as WFH then yes, the developer still owns the copyright to code they worked on. Where it gets muddy as hell is when you work with a team, some of whom may be other contractors and some of whom may be employees of the client.

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