If you pay a programmer to write an application for you, can you ask for the source code? - GoFuckYourself.com

Marcus Aurelius · 01-27-2014, 07:26 AM

If you pay someone to create an application for you from the ground up, is it okay to ask for the source code? In case you want to examine for any backdoors or make upgrades later?

Wellness Cash · 01-27-2014, 07:28 AM

Yes, there is no reason why if you are paying someone to work for you that you don't get the full code.

That'd be like paying a web designer to build a site for you and all they give you it the HTML code but keep all the graphics and css.

Colmike9 · 01-27-2014, 07:30 AM

Yes

Be sure to discuss that before paying for the app, though..

Markul · 01-27-2014, 07:33 AM

Yes and always do make sure you get that - you will probably need it later.

Marcus Aurelius · 01-27-2014, 07:39 AM

That's what I though. Thanks for the confirmation.

potter · 01-27-2014, 07:54 AM

It 100% depends on the contract and expectations. By default the contractor would own the source code in the laws eyes, unless it was outlined ahead of time that you were also paying for the source code. If the person was an employee then you would own the source code.

In the real world (maybe not on GFY) - if you're paying someone to build you an app, and you want the source code, it needs to be stated ahead of time and the cost is usually much higher for it to be included.

VladS · 01-27-2014, 07:55 AM

Depends on your agreed terms. I myself provide the client with the source code for all custom built apps we do.

Marcus Aurelius · 01-27-2014, 08:06 AM

Quote:

Originally Posted by potter

It 100% depends on the contract and expectations. By default the contractor would own the source code in the laws eyes, unless it was outlined ahead of time that you were also paying for the source code. If the person was an employee then you would own the source code.

In the real world (maybe not on GFY) - if you're paying someone to build you an app, and you want the source code, it needs to be stated ahead of time and the cost is usually much higher for it to be included.

Why would it?

Anyway, the programmer was contracted through Elance and the source code was never discussed.

I am just concerned about the security of running such third party apps. That's why i want the code.

wizzart · 01-27-2014, 08:12 AM

If you pay for unique app or script, you must get open code.

potter · 01-27-2014, 08:13 AM

It's just how it works. When you pay for an app to be developed, you're paying for the end-result / finished product. The source code is owned by the person who wrote it. Unless there is a line item in the contract specifically outlining it. Source code is by default (legally) copyrighted and owned by its writer, and the writer has to explicitly hand over that copyright to someone else.

So, if you want the source code - you need to have that stated in the contract agreement. If you're already past that time - you'll need to see if they'll accept payment for the source code.

Stephen · 01-27-2014, 10:13 AM

Quote:

Originally Posted by potter

It's just how it works. When you pay for an app to be developed, you're paying for the end-result / finished product. The source code is owned by the person who wrote it. Unless there is a line item in the contract specifically outlining it. Source code is by default (legally) copyrighted and owned by its writer, and the writer has to explicitly hand over that copyright to someone else.

So, if you want the source code - you need to have that stated in the contract agreement. If you're already past that time - you'll need to see if they'll accept payment for the source code.

This is right on.

It's the same as when I shot film > you get prints but no negatives without an extra fee.

Also, designers often keep the PSD etc. unless you pay extra as well.

uniquemkt · 01-27-2014, 10:28 AM

It's a complex situation, and taking advice from GFY is not a great idea.

In the US, at least, copyrightable content authored by a contractor or freelancer is normally owned by that contractor. There are specific rules which must be met in order for it to qualify as "Work done for hire" which would assign the copyright to the buyer:

Quote:

Originally Posted by Wikipedia

the work must come within one of the nine limited categories of works listed in the definition above, namely (1) a contribution to a collective work, (2) a part of a motion picture or other audiovisual work, (3) a translation, (4) a supplementary work, (5) a compilation, (6) an instructional text, (7) a test, (8) answer material for a test, (9) an atlas;

the work must be specially ordered or commissioned;

there must be a written agreement between the parties specifying that the work is a work made for hire.

If your purchased application doesn't meet those rules, then the programmer has no legal obligation to release ownership/source code to you, unless you have made that requirement clear in your contract with them.

With that said, I think it would be foolish to not have made that stipulation for software. Unlike media content where the photo looks the same this year as it it will next year, software doesn't age very well.

01-27-2014, 07:26 AM	#1
Marcus Aurelius No Refunds Issued. Industry Role: Join Date: Apr 2003 Posts: 14,809	If you pay a programmer to write an application for you, can you ask for the source code? If you pay someone to create an application for you from the ground up, is it okay to ask for the source code? In case you want to examine for any backdoors or make upgrades later?

01-27-2014, 07:28 AM	#2
Wellness Cash Confirmed User Industry Role: Join Date: Nov 2013 Location: Murica Posts: 343	Yes, there is no reason why if you are paying someone to work for you that you don't get the full code. That'd be like paying a web designer to build a site for you and all they give you it the HTML code but keep all the graphics and css. __________________ Wellness Cash - Launching 2014

01-27-2014, 07:30 AM	#3
Colmike9 (>^_^)b Industry Role: Join Date: Dec 2011 Posts: 7,223	Yes Be sure to discuss that before paying for the app, though.. __________________ Join the BEST cam affiliate program on the internet! I've referred over $1.7mil in spending this past year, you should join in. I make a lot more money in the medical field in a lab now, fuck you guys. Don't ask me to come back, but do join Chaturbate in my sig, it still makes bank without me touching shit for years.. Last edited by Colmike9; 01-27-2014 at 07:32 AM..

01-27-2014, 07:54 AM	#6
potter Confirmed User Industry Role: Join Date: Dec 2004 Location: Denver Posts: 6,559	It 100% depends on the contract and expectations. By default the contractor would own the source code in the laws eyes, unless it was outlined ahead of time that you were also paying for the source code. If the person was an employee then you would own the source code. In the real world (maybe not on GFY) - if you're paying someone to build you an app, and you want the source code, it needs to be stated ahead of time and the cost is usually much higher for it to be included. __________________ Last edited by potter; 01-27-2014 at 07:55 AM..

01-27-2014, 07:55 AM	#7
VladS Available for Coding Work Industry Role: Join Date: Jun 2008 Posts: 1,432	Depends on your agreed terms. I myself provide the client with the source code for all custom built apps we do. __________________ <developer> MechBunny / KVS / PHP / MySQL / HTML5 / CSS3 / jQuery Email: vlad [at] faxite.com Telegram: @dangerouscoding

01-27-2014, 07:33 AM	#4
Markul Likes Pie Industry Role: Join Date: Dec 2007 Location: The land that liberated porn Posts: 12,401	Yes and always do make sure you get that - you will probably need it later.

01-27-2014, 07:39 AM	#5
Marcus Aurelius No Refunds Issued. Industry Role: Join Date: Apr 2003 Posts: 14,809	That's what I though. Thanks for the confirmation.

01-27-2014, 08:12 AM	#9
wizzart scriptmaster Industry Role: Join Date: May 2006 Location: Serbia Posts: 5,237	If you pay for unique app or script, you must get open code.

01-27-2014, 08:13 AM	#10
potter Confirmed User Industry Role: Join Date: Dec 2004 Location: Denver Posts: 6,559	It's just how it works. When you pay for an app to be developed, you're paying for the end-result / finished product. The source code is owned by the person who wrote it. Unless there is a line item in the contract specifically outlining it. Source code is by default (legally) copyrighted and owned by its writer, and the writer has to explicitly hand over that copyright to someone else. So, if you want the source code - you need to have that stated in the contract agreement. If you're already past that time - you'll need to see if they'll accept payment for the source code. __________________