Owning Your Code: Contracts, IP and Handover

• Paying for software doesn't automatically make you the owner.
• A written assignment in the contract transfers ownership of the code to you.
• Developers may reuse their own components; get a clear license to them.
• Know which open-source libraries are used and what their licenses require.
• Keep code repositories, cloud accounts, domains and store accounts in your name.
• Agree on handover and transition help in the contract, before you need them.

This guide covers owning the software you pay for: IP assignment, reusable components, open-source licenses, AI coding tools, accounts, escrow, handover terms and payments tied to delivery. Put plainly: get ownership in writing, keep every account in your name and agree on handover before you need it.

This is general information, not legal advice. Have counsel review software contracts.

The default may surprise you. Under US copyright law, an outside developer can own the code they write unless a written agreement assigns it to you.

Invoices don't transfer ownership. The contract does.

Check old contracts too. For software you already rely on.

Assign ownership to you. The contract should transfer ownership of the custom code and related materials.

Include everything. Code, designs, documentation and data structures built for you.

Cover subcontractors. Anyone the developer hires must assign their work too.

Agencies reuse their own tools. That's normal and can save money.

Get a clear license. Permanent, transferable rights to use and change those parts.

List them. Know which parts are reused and which are custom.

Most software uses open source. Free libraries built by others.

Licenses have rules. Some require sharing changes or giving credit.

Ask for a list. Every library and its license, kept current.

Many developers use them. To write and review code faster.

Ask how. Which tools, and how output is reviewed.

Confirm it doesn't change ownership. Or bring in code under unknown licenses.

Watch the security side. As covered in GenAI security.

Code repository. Owned by your business, with the developer as a user.

Cloud and hosting. Your account, your billing.

Domains and email services. Registered to you.

App store accounts. In your name, as covered in evaluating Android vendors.

A third party holds a copy. Released to you if the developer can't continue.

Most useful when you don't hold the code yourself. Such as licensed software.

Less needed with your own repository. If you already own and can access the code.

Handover duties. Code, documentation, credentials and a handover meeting.

Transition help. A set number of hours to help a new team.

Timeframes. How quickly materials are delivered.

Taking over later is covered in taking over an app another agency built.

Milestones. Pay as working parts are delivered and accepted.

Acceptance checks. From a clear spec, as covered in writing a software spec.

Ownership on payment. Many contracts transfer ownership as each milestone is paid.

A separate agreement. Response times and updates, as covered in maintenance contracts.

Long-term costs. As covered in what custom software costs over five years.

Ownership assignment. Clear and complete.

Reusable components. Listed and licensed.

Open-source list. Promised and kept current.

Accounts. In your name from day one.

Handover terms. Duties, timeframes and transition help.

Have counsel review the contract for ownership, licenses and handover. Create the code repository, cloud and domain accounts in your name.

Get access to the repository from day one, receive the open-source list and accept milestones against the spec.

Confirm ownership transfers with each paid milestone, collect documentation and test that another developer could build the project.

Astra Results Marketing puts ownership in your hands. Our contracts assign custom code to you, list and license any reusable components, keep repositories and accounts in your name and include clear handover terms.

Engagements begin with a project discovery through our custom software team.

Related reading

• Custom Software: When Off-the-Shelf Stops Fitting
• Custom Software Discovery: The Two-Week Start
• Writing a Software Spec Your Developers Can Use

Not automatically. Under US copyright law, an outside developer can own the code unless a written agreement assigns it to you. Check the contract.

That custom code, designs and documentation are assigned to you, including work by subcontractors, with a clear license to any reused components.

Tools and code the developer reuses across projects. You don't need to own them, but you need permanent, transferable rights to use and change them.

Some licenses require sharing changes or giving credit. Ask for a list of every library and its license.

Usually only when you don't hold the code yourself. If you own the repository, escrow matters less.

Delivery of code, documentation and credentials, a handover meeting, transition help hours and clear timeframes.

Ready to own the software you pay for? Astra Results Marketing assigns custom code to you, licenses reusable parts clearly, keeps every account in your name and writes handover terms into the contract. ▸ CALL (786) 321-2866 · ▸ REQUEST YOUR CONSULTATION