As a client paying Neo Code to do work, do I own the copyrights to what is created?

According to Canada and US copyright law, ownership of works created by a third party on a contract basis is owned by the creator and not by the client. To prevent any ambiguity regarding ownership of materials produced during the course of a Contract for Service, Neo Code typically only does work when there is a signed contract clearly spelling out who has ownership of the materials.

If Neo Code creates a website for me, who owns the copyright for the design?

If there is no clear Contract for Service or Work for Hire agreement in place, then Neo Code, being the designer of the site, is automatically first owner of the design. Certain elements of the design created by third parties are owned by the third party and therefore Neo Code holds no copyright claim to any third party components. Additionally, Neo Code cannot transfer ownership of third party elements to any another party.

If another designer designs my website but Neo Code is building the site, then who owns copyright?

In this case, the design copyright is owned by the original designer. Neo Code cannot and does not make any copyright claim on any design that was created by you or a third party designer.

How do I make sure I own the copyright to the website I would like designed?

By having a signed Contract for Service clearly stating that ‘you, the client, will own the copyright of any copyrightable works created during the course of the contract’, you can ensure that proper credit will be given. Neo Code is happy to allow for just such flexibility during the course of drafting a contract.

When does copyright transfer from Neo Code to me?

Copyright ownership is transferred when the Contract for Service is fulfilled and complete payment has been received by Neo Code.

How is ownership of design dealt with in the Copyright Act of Canada?

According to the Copyright Act of Canada, the author of any work is the first owner of the copyright. All works created by Neo Code are done so based on a Contract for Service and not a Contract of Service or Employment, and, as such, the Act’s ‘13(3) Work made in the course of employment’ does not apply to works created by Neo Code Software on your behalf.

If there is no Contract for Service in place, how can I get ownership of my design?

Neo Code is happy to assign copyright of the design of your site to you. As stated in the Copyright Act, Neo Code can transfer ownership of copyright in writing in the form of a legally binding Assignment of Copyright. You can have an Assignment of Copyright drafted and forwarded to us or we can draft one for you. In the latter case there is a $200 administration fee to cover the cost of legal document preparation.

What rights and materials cannot be transferred?

Neo Code does not transfer rights to any software, programming code, or third party applications, graphical elements, designs or content unless explicitly listed in the Contract for Service.

In the case of ongoing maintenance work on my website, do I have to get an assignment for all future works?

No, when a copyright has been assigned to you, then any future work done on your site is considered a "contribution to a collective work" and ownership of the work is owned by you. If you expect that maintenance on your site is likely needed, you will ideally have in place a Contract for Service clearly identifying ownership of copyright of future works.

In the event of any custom programming or modifications to applications on my website, who owns the copyright to these materials?

If the custom programming or modifications are based on Neo Code products, then the terms and conditions of the Software License Agreement (SLA) take priority. Typically, Neo Code retains all rights to its software products and that includes any modifications and customizations. If Neo Code is building a totally customized application for you, then an SLA for Custom Software will apply and a detailed Contract for Service needs to be drafted before any work is completed and copyright is transferred.

For further questions, clarifications, or the latest information, please call Neo Code’s office at 604 638-0668