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-   -   If you pay a programmer to write an application for you, can you ask for the source code? (https://gfy.com/showthread.php?t=1131989)

Marcus Aurelius 01-27-2014 07:26 AM

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?

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 (Post 19959152)
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 (Post 19959180)
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.


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