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PostPosted: Sat 05 May, 2012 - 1:01 am 
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I'm asking this here as there's some very smart people here compared to the other boards I could ask on.

___________________________________________________________________________________________

When designing a physical product specifically FOR one person who owns the rights to that product? The Designer or the Client whom product is for?

I suddenly though about it a few minuites before typing this post. However I can only ask in a metaphoric sense as the product in question is a Lego MOC. Not the kind of thing that can be pantented unless authorized to do so by Lego themselves.

But if the model had been designed from absolute scratch, without using any pre-exsisting components, and assuming that the design doesn't infringe on any IP ('Intillectual Property' - Not 'Internet Protical') would that design of that one off product be property of Designer or Client?

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PostPosted: Sat 05 May, 2012 - 3:43 am 
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It depends entirely on the contract signed between the developer and client. If the contract signed states that the IP and copy rights are bought with the product, then the property and rights to the product belong to the client. They can do what they want with it (even let it gain massive amounts of money and sell it on, al'la Apple, Microsoft, Sony, and most other big companies).

If the contract signed does not state the above, the developer holds all rights to the product, and has granted the client the right to use the product for the intents stated in the contract (printing copies of flyers, or a website, or something). Some of these contracts may have an expiry, where the client needs to stop using it. Of course, the client can also purchase the product from the developer for a fee after the contract has been signed.

A similar situation is a contract signed between us (Hawknet Computing Ltd), and the forum software we use (phpBB Group). The contract stated that since the product (phpBB Forum Software) is open source, that we can use, modify, delete, and copy all or parts of the source code, scripts, graphical content, and text content, with the exception that we cannot delete the line right at the bottom of every forum page, the "Powered by phpBB © 2000, 2002, 2005, 2007 phpBB Group".

If we deleted that line, and refused to resupply it at phpBB Group's request, they can take legal action against us, stating the clause of their Terms and Conditions which we agreed to, and we'd either be forced to re-add the line, or stop using the software. The contract signed here is one of the latter of the two examples I gave above.

Different countries have different intellectual properties laws, and it's always best to learn your countries, and your clients'/developers' before signing any contracts. You should also read and fully understand the entire contract. If you don't understand a bit of it, ask them for help. ^_^

TL;DR:
I believe in your statement, it would depend on the Terms and Conditions you agreed to with Lego when you installed the software. If you skipped it, they should also have it on their website.


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PostPosted: Sat 05 May, 2012 - 11:13 am 
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Thanks for the highly educational response, Zion, I knew I'd asked in the right place. :mrgreen:

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