Who owns the source code when you hire a developer?
Who owns the source code depends on your contract. In the US, an outside developer generally owns the copyright in what they write until it’s transferred in a signed document, so paying the invoice may not be enough. Rules differ by country. At Bespoke Devs, you own all code, assets and documentation at launch.
Reviewed by Anubhav Gupta, Bespoke Devs · Updated
Who owns the source code if you paid for it?
Under US copyright law, ownership starts with the author of a work. An employee’s work usually belongs to the employer, but an independent developer isn’t normally an employee. A transfer of ownership also has to be in writing and signed.
So a developer you paid in full could still hold the copyright if nothing was signed. In practice, you may have some right to use what you paid for, but that’s a weak position if you later want to sell the company or raise money.
What to check in your contract
Code ownership comes down to the wording, so read for these five points before you sign.
- A clear transferIt should say that all rights in the code, designs and documentation are assigned to you or your company, and when that happens.
- Who the owner isIf you have a company, it should usually be named as the owner, not you personally.
- SubcontractorsIf your developer or agency uses others, their work needs to be covered too.
- Existing codeDevelopers may reuse their own tools. Check that you get a lasting licence to anything they keep.
- The practical handoverMake sure you’ll receive the code repository, documentation and the accounts the product runs on.
What you still won’t own
Most software is built on open source code and paid services. You can use them under their own licences, but they don’t become yours. A good handover should tell you what’s used, so you can check that its licences suit your plans.
How it works with Bespoke Devs
We transfer full ownership of all code, assets and documentation at launch, with no licensing fees and no lock-in. You can keep working with us, hire your own team, or move elsewhere. See what’s included in a build.
Related questions
Ask them to sign a short assignment now, while the relationship is good. Have a lawyer in your country draft or check it.
The details differ by country, so don’t rely on the US rules elsewhere. Written assignment is the safe approach almost everywhere, but check locally.
Usually the employer, under US copyright law. An independent developer is treated differently, so work from a contractor needs a signed transfer. Rules differ elsewhere, so check locally.
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