QUESTION
When paying an individual to create software, who owns the copyright to the created work? The client or the creator?
Asked on Feb 12th, 2021 on Intellectual Property - New York
More details to this question:
I've been looking to hire a programmer to create software for me, and having finally found someone I believe to be perfectly suited, I worry about whether I'll own the created work once they're finished, and whether or not I'll be able to monetize content made from the product. In such a case, is the created work owned by the client (me), or the creator? If it's owned by the client, can they monetize that product or use it to receive donations? Also, what if the transaction is handled through an online service (like Fiverr)? Fiverr (for example) claims to have policy regarding this, but it's unclear what qualifies. Does their policy even matter given the existence of law on the subject?
1 ANSWER
In general term the owner of the copyright is the creator not the person who pay for the creation. As a result of that many agreements with artists, developers or software engineers have included a clause to transfer the copyright interest in the work to the person who hires the services of the creator of a work, for instance, a software. That said, there are additional considerations to make, which cannot be all addressed here. This article may help https://www.ayalamateus.com/who-owns-the-intellectual-property-rights-of-a-creative-work.
Additionally, platforms like Fiverr do not get involved in a transaction with a freelancers and will not protect your intellectual property or help you with the enforcement of any agreement. Additionally, under Fiver terms and conditions users give to Fiverr an unconditional nonexclusive unlimited license. Whether those terms are enforcement may be subject to debate. However, I don't think you want to create your software to spend years in court.
Answered on Feb 15th, 2021 at 5:35 AM