[consulting] Proper Collections Procedure

[Henri Poole]

On Thu, 2006-08-17 at 09:10 -0600, Laura Scott wrote:
> > Be prepared to deliver incomplete, intermediate code if they want  
> > it - if they're paying every two weeks, they own the stuff you've  
> > done for what they've paid.
> 
> This would apply only in work-for-hire situations. In the US, unless  
> the contract explicitly says it's work-for-hire, or you're an  
> employee of the company, then the contract itself is where what is  
> owed to whom upon termination is all specified. A contractor owns all  
> legal and moral rights to her work until and unless she assigns  
> rights or licensing to the client, but for a work-for-hire contractor  
> or employee, legal and moral rights to his work are owned by his  
> employer or contractor. (IANAL, so please don't count on this as  
> legal advice.)

It is more complicated. Most of the code is available only under the GPL
or AGPL license. These licenses require that you stick to their license
for derivatives.

At CivicActions, we leave all copyright ownership with our contractors,
and we get a license for the work (this has to be done with a contract,
but the contract can be simple). We then use the license to give our
clients rights to use the work. We put this into the proposals as
standard practice.

> 
> It feels like "negative thinking" to have clear terms about  
> termination and breach, but all the smart advice I've gotten over the  
> years is to protect oneself with appropriate terms (whatever you're  
> comfortable with).

The contract is not really negative thinking. It's a requirement for
title. Look at the entire free software and open source movement.
Without good legal underpinnings, there can be a big hassle for large
corporations have the clear ability use the code. 

With DRM in hardware coming down the pipe, we better have clear title to
our works, and we need to protect our clients by advising them on best
practices. It's a favor to our clients to give them clear title.

> 
> I feel contracts are an essential part of business, because it's the  
> only way to clarify what is expected. As they say, verbal agreements  
> are worth the paper they're written on. But in the end, it comes down  
> to whether there's a meeting of the minds. If it's really there, a  
> contract can be written on a napkin; if it's not, or the people are  
> not trustworthy for whatever reason, then the contract could be the  
> size of the Manhattan white pages and it wouldn't make a difference.
> 
> Sorry to hear about your situation, Michael. Total bummer.
> 
> Laura
> 
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