Providing Source Code To Client

I run a small business and developed a piece of software for one of my customers who provides Numerology Services to sell on CD to his customers so that they can do readings.

About a year later (now) he is now asking for the source code to this product?

How do I stand - I don't really want to go giving it away and on all the software given to him it does say "Copyright mybusinessname 2002".

Could anyone please advise me as to how I stand on this.

I am not looking for any 100% certain views (although that would be nice) just a few general opinions.

Thanks as always.

Simon

Well, if there was nothing specific in your agreement/contract regarding ownership, then your copyright should stand.

To build on rod's point: it's all a matter of how you licensed your code and / or how the contract with the client is worded. If there was never any agreement (or, anything that could be contstrued as one) to give the source to them, then you're okay. If they can make the argument that their was some sort of agreement to give the source as part of the deal, then it's a little hazy.

If there was no agreement to provide the source, you could always treat this as a separate deal and license it to them under terms. For example: "you may use the source code to build and / or repair the original product, you may not give it away or sell it, blah blah". Whatever you wind up doing, it always pays to have a lawyer who can review your licenses / contracts to ensure that the wording will stand up in court (preferably, the way you want it to).

That said, IANAL, and I'm not very good with law - so don't misconstrue anything I've said as legal advice... you'd be sorry!

I've given a couple speeches over Technology Law in Europe, but Ctb sums it up pretty well. Hire a Lawyer. A good lawyer will proably charge you about USD 100 to look over and give advice.

If there is no agreement over the source, aka you gave him binaries only, then it will be seperate "contract" where you can sign over the source for $X^nth with the rights to modify/fix any errors, but not sell and or distribute in any way.

Again, your best bet is to find a Lawyer who deals in CONTRACT LAW.

Don't forget you could always consult your lawyer about signing over completely for a much larger fee, could be an option if your not interested in keeping the source for other projects.

Thanks for all of your help.

I used your advice to put together a strong e-mail.

This seems to have told him who is who and he has backed off.

People like this realy annoy me. I bust a got to help the customer. Sometimes even loose out on money just to bend over backwards to help them then they repay you like this!

Cheers everyone!

Simon

We need to talk - i need a lawyer that cheap. My attorney charges me that for a 3 minute discussion on the telephone.

Sadly it's usually the way with the ones that you go out of your way to help