Who owns the code when you hire a developer?

Why ownership needs a written agreement

In many countries the creator of a piece of software holds the rights by default, even when someone else paid for it. Paying a developer does not automatically make you the owner. A short written agreement fixes this, and it should be in place before the work starts.

Rules differ from country to country, so treat this page as an overview. This is general information, not legal or tax advice. For a contract with high stakes, ask a lawyer in your country.

How rights pass on ErdiBuilds

Unless both sides agree otherwise in writing on the platform, the rights to the result of a milestone pass to the client once that milestone is paid in full. In plain words: pay the milestone in full and the result of that milestone is yours. Because every milestone is funded before work starts and released after your approval, the moment of payment is clear to both sides.

What usually stays with the developer

Even when you own the result, a few things normally stay with their creator. This is common and fair, and it helps keep prices low.

• Reusable components: tools, snippets and libraries the developer built earlier and uses in many projects. You usually get the right to use them inside your product.
• Open source: code that anyone may use under a public licencei. Those rules stay as they are, and a good developer lists which ones are used.
• Third-party services: fonts, stock images, hosting and similar items come with their own terms.
• General know-how: the developer keeps their skills and ideas, just not your private content.

Agree on these points up front

1. Who holds the rights to code, designs, text and data made for the project.
2. Which reusable parts or open source libraries are used, and under what terms.
3. Whether the developer may mention the project in a portfolio.
4. Where the code lives and how you get access, for example in a repositoryi you control.
5. What happens to accounts, such as app store and hosting, which should be in your name.

Keeping ideas private

Many clients ask for a non-disclosure agreement, or NDA, before sharing details. An NDA is a simple promise not to share your information. It is sensible when your idea has real secrets, such as a special method or private data. For a general idea, a clear project description and a professional developer are often enough. Ask before you share anything sensitive, and share only what the developer needs for the quote.

Keep a copy of the agreed terms, the milestone descriptions and the payment records. Together they show what was agreed and when the rights passed.

Check the code you receive

Ownership is only useful if you can reach the work. Ask for access to the repository, the hosting and the accounts as part of each milestone. The questions to ask before hiring a developer include a few on handover.

Ownership of data and accounts

Code is only one part of a product. The data your users create, the domain name, the app store listing and the cloud account all matter too. Make sure each one is registered in your name or your company name from the start. If the developer sets something up for you, ask for the owner role to be yours and for access details to be shared in a safe way.

This avoids a common surprise: a finished product that runs on an account the client cannot open. A quick check at the end of each milestone costs minutes and keeps you in control.