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Code ownership

ML
So I have been working as an electronics consultant for a company who employ me as self employed worker to do some electronics works for them. They are paying me by the hour along with travel expenses.

I have just made a device for them complete with code which they have now asked for and I was wondering a couple of things;
  • Does the code belong to me or to the company?

  • Can I charge them a one off fee for giving them the code?


I would really appreciate any help, knowledge, or pointers. Thank you for reading
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    It is a very good question. If the company asks for the code then, as a general rule, you must supply them a copy at no additional expense unless there are certain agreements in the contract enabling the contractor to keep the code to himself. Many contractors and self employed engineers re-use sections of code and designs from client to client to check that there is nothing in the contract dictating that all copies of the code must be handed to the company and the contractor must not re-use any parts elsewhere. This then moves onto the question of who exactly owns your skills and knowledge.


    There are also headache issues relating to (American) software patents. A British contractor could end up, either intentionally or unwittingly, incorporating something patented into their software that the company is not aware of. Perhaps because the product is not sold or used in the US so the patent issue is irrelevant. Later the company might sell a product with the software in the US. If somebody finds out at a later date that the product contains a software patent and the company is not paying royalties then should it be the company or the contractor who is nabbed?
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  • 0
    It is a very good question. If the company asks for the code then, as a general rule, you must supply them a copy at no additional expense unless there are certain agreements in the contract enabling the contractor to keep the code to himself. Many contractors and self employed engineers re-use sections of code and designs from client to client to check that there is nothing in the contract dictating that all copies of the code must be handed to the company and the contractor must not re-use any parts elsewhere. This then moves onto the question of who exactly owns your skills and knowledge.


    There are also headache issues relating to (American) software patents. A British contractor could end up, either intentionally or unwittingly, incorporating something patented into their software that the company is not aware of. Perhaps because the product is not sold or used in the US so the patent issue is irrelevant. Later the company might sell a product with the software in the US. If somebody finds out at a later date that the product contains a software patent and the company is not paying royalties then should it be the company or the contractor who is nabbed?
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