[LRUG] Freelancing, Licensing and ownership of code

[Rob Lacey]

Hey....

I've come across a problem I hope some guys can maybe clarify the 
legality of something on or perhaps create some discussion. I'm looking 
at a potential client's codebase I can see the previous developer has 
put a licence in the code.

"This application is copyright © 2005-2008 by Developer's Name 
(developers at email.com), All Rights Reserved.

It has been developed for, and licensed to, the Client Name.

The terms of the license are simple.

The Client Name has a permanent license to use and modify the software 
as they so wish, with one exception - they may not distribute, or cause 
to be distributed, the software, or any derivative works, without the 
express written permission of the developer, Developer's Name."

It makes me wonder if this is even valid. Or if I should be putting an 
ammendment to this licence adding my name in any changes I apply to the 
codebase.

I see this from two points of view, if as a developer if I created a 
plugin why shouldn't I re-use it in subsequent projects rather then 
rewrite it everytime at the expense of the client if it makes my life 
easier and the project goals quicker to achieve. On the other hand if my 
employer has invested their money in my time then really shouldn't the 
code belong to them and they should be able to re-use it, distribute it 
as much as they like. On yet another hand my plugin that I spent months 
building in my own free time, if I then use it in a client's project I 
wouldn't like that to become freely available to them and then used by 
subsequent developers without my permission.

Tis a tangled web, what's the answer? Who owns what, when, where, how? 
Tizer :)

RobL