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MenuWhat type of agreement do I need to make sure I own my product's code and have full rights to amend and sell the business (incl. the code) later?
I am looking to create an online platform that will essentially be a database and offer access for a subscription. I have to hire a developer to do this.
I have read about NDA/non-compete (which I already have) and also employment contracts. I am based in the UK but will potentially use an international developer. How does this work legally?
Answers
I have been working as a Business Entrepreneur and have been working with many of the customers from Europe, North America. While creating a White Label solution, the most important part for the owner is to manage the security for the product as well manage the Quality to be delivered within the expected timeline and budget. While choosing a company, the NDA's would work but with them you can also sign a Proposal, SLA(Service Level Agreement) which helps to bind the contract and source code as your own property. As when it comes to offshore development, my suggestions is to choose a company which has been doing this services since more than 5 years now and have been a part of good success stories whose stories are kept confidential. So with the documents, a formal trust would help you create the platform as your own property with the expected quality.
You can consult your Legal adviser in the matter and hope they would align the strategy.
Most international contracts simply require the contract to be legally valid under the jurisdiction of the 2 parties residing countries. This makes things difficult because everything becomes interdependent, and some countries are near impossible to enforce even iron clad contracts. More than likely you will need a lawyer in each country you plan to do business trained in international law. This is about the extent of what I know about international law but you are welcome to contact me as I can usually dig up more information as needed
Related Questions
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Legally selling transcribed sheet music?
Disclaimer: I'm not an intellectual property attorney - and I am not attempting to, nor qualified to give legal advice. That said - here is what I know on the subject. Copyright was once explained to me as a bundle of sticks, where each stick was a different right. Two sticks that might be important in this situation would be: 1. Distribution Rights: Creating the sheet music in itself may be harmless, but copyright does cover right to distribute - and so your idea to distribute for profit may infringe upon this right. 2. Derivative Works: Copyright also gives the owner the right to create derivative works based on the original - so even if your version is different - it becomes an issue of "how different" - so you may also be infringing on this right. One path forward is to determine who owns these rights (the original artists or label often sell the rights) and license the right to produce and sell the sheet music. My guess is this could be cost and time prohibitive. Another would be to see who is already selling sheet music for these songs - and simply act as an affiliate, taking a portion of the revenues per sale. Consider trying the affiliate route first, to determine how many of these sales you generate from your audience, before going to the trouble of licensing the content etc. I'd be happy to discuss ways that you can validate demand within your population before you do either, and recommend doing so with or without my input. Cheers, RyanRR
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If I am planning to launch a mobile app, do I need to register as a company before the launch?
I developed and published mobile apps as an individual for several years, and only formed a corporation later as things grew and it made sense. As far as Apple's App Store and Google Play are concerned, you can register as an individual developer without having a corporation. I'd be happy to help further over a call if you have any additional questions. Best of luck with your mobile app!AM
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How do I write an NDA with the right jurisdiction/governing law?
From a legal standpoint: an NDA is an agreement - something contractual, and therefore is not limited (by law) to any specific jurisdiction. So, you can select Delaware or California, or India for that matter. From the business aspect, the best jurisdiction to select would depend on: 1. Jurisdictions that are known to be 'friendly' to your type of business. 2. Jurisdictions in which your lawyer is licensed to practice / the cost of lawyers isn't too expensive. 3. Somewhere not to far from where you are physically located - in case you actually have to go to court. Lastly, best to add a required arbitration or mediation clause if you don't have one. Good luckAB
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How do I deal with a partner/investor that hasn't delivered on his end of things and now wants his money back?
This sounds as a deja vu to me. I have been in a similar situation back in 2000, we could only solve the issue thanks to a good mediator. However every situation is different and hence your route to a solution might be different. It also depends where you are in the world that defines how an email and/or verbal agreement might be a sufficient ground for legal actions. I am not a lawyer and can not judge that.PS
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What legal precautions can I take to make sure nobody steals my startup idea?
I've discussed ideas with hundreds of startups, I've been involved in about a dozen startups, my business is at $1M+ revenue. The bad news is, there is no good way to protect ideas. The good news is, in the vast majority of cases you don't really need to. If you're talking to people about your idea, you could ask them to sign an NDA ("Non Disclosure Agreement"), but NDAs are notoriously hard to enforce, and a lot of experienced startup people wouldn't sign them. For example, if you asked me to sign an NDA before we discussed your Idea, I'd tell you "thanks, but no thanks". This is probably the right place though to give the FriendDA an honorable mention: http://friendda.org/. Generally, I'd like to encourage you to share your Ideas freely. Even though telling people an idea is not completely without risk, generally the rewards from open discussions greatly outweigh the risks. Most startups fail because they build something nobody wants. Talking to people early, especially people who are the intended users/customers for your idea can be a great way to protect yourself from that risk, which is considerably higher than the risk of someone taking off with your idea. Another general note, is that while ideas matter, I would generally advise you to get into startup for which you can generate a lot of value beyond the idea. One indicator for a good match between a founder and a startup is the answer to the question: "why is that founder uniquely positioned to execute the idea well". The best way to protect yourself from competition is to build a product that other people would have a hard time building, even if they had 'the idea'. These are usually startups which contain lots of hard challenges on the way from the idea to the business, and if you can convincingly explain why you can probably solve those challenges while others would have a hard time, you're on the right path. If you have any further questions, I'd be happy to set up a call. Good luck.DK
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