intellectual property - website code

[CaNsA]

A couple of years back I was paid to create a website for a local company. They are now moving away from my hosting and getting some-one else to create them a new website.

I have released control of the domain name to the owner, the new web designer has asked me for all the website code and images.

I am happy to provide the images as these were provided to me by the company.

The code I don't really want to release as its mine.
I was paid to create and maintain a website, which i fulfilled.

Do I have to hand the code over, or can i keep it to myself?

Cheers

[Hetzer]

Code? If you're talking about the code that constitutes the website they have it already, all they'd need to do is download and save the site as anyone can. Regardless, they paid you for the product, and that's the code as well as its face (the visual website).

Wtf does it matter anyway, you think they're going to make a bunch of moolah from it? Must be some pretty shit-hot coding if that's the case. Can it launch space-shuttles and stuff?
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[CaNsA]

lol hetz

The only things the company actually own the domain name and the images.

The only paper work is the invoice which states:-
Domain Registration, 12months hosting,
Design and creation of Company website.

From what i see, they paid for the website to be created and maintained, not for the ownership of the code.

I am in 2 minds whether I should release this code to the person who has asked for it, new web-designer.

[andym]

You can tell me to shut up if you like, but if the company is getting someone else to do a website then surly the company know the person/people are perfectly capable of making a website, maybe they just wanted to change or improve on your code.... but that's just my opinion.

Anyway just right clicking on the page allows you too see the source code, unless you have a bit of coding in there that stops you seeing it... even at that it's not impossible to get the coding.

[Frost]

What code is it? If it's just HTML and javascript then they have it already. If it's server side stuff then give them everything that is unique to that site or made especially for it.

[Kickstart]

Hi

Suspect it would take an expensive court case to decide either way.

However you invoice says "Design and creation of Company website". Would suspect that back end code is part of the web site you have created.

Trying to think of a non computer way to put it. Like designing and building a car for someone and then refusing to let them have the engine when they want to take it somewhere else for work to be done.

All the best

Keith
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[Rogerborg]

Is it worth your time even bothering to nitpick? Send him a .tgz, you haven't lost a single thing, but neither do you have to answer a single question about it.
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[chrisw]

It all depends on the contract (if one existed) between you and the company. Code ownership should never be assumed, it's what's stuffed a few of the major govt. IT failures.

[Frost]

At the same time you could use the analogy of:
You're selling your old desktop to someone who wants to do some software development on it. You send microsoft an email asking for the windows source code

The back end code will no doubt consist of stuff from your own code library and stuff made for the website. Many companies understandably won't give you the library code. Otherwise you could get them to build you a simple website using their libraries for £500. Then tell them you want to host it elsewhere and then demand the code. You'd then have their code libraries and be ready to set up a rival business after spending just £500.

Ownership should have been agreed before development took place, but with small sites and small businesses it's understandable that something like that would get overlooked. Provided the site is a fairly small one in terms of back end code and doesn't do something that's your unique selling point i'd just give them the code. If the new guy can't understand the code, tough shit. Coding standards is something else which should be agreed upon before development

[Jayy]

Unless you had a contract stating otherwise, technically neither you or them own the code.

My contract states that until the final invoice is paid, I own the code and design. Once the final invoice has been settled, the client owns the code and design to do as they please with.

Like Kickstart said, it would take court battle to decide who's in the right without any form of contract.

Just out of interest, why do you not want to hand over the code? Like Hetz said, unless it's some amazing and original complex stuff, why does it matter?

[iooi]