How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Richard - Bizlaw Your Own Question
Richard - Bizlaw
Richard - Bizlaw, Attorney
Category: Business Law
Satisfied Customers: 10629
Experience:  30 years of corporate, litigation and international law
18695994
Type Your Business Law Question Here...
Richard - Bizlaw is online now
A new question is answered every 9 seconds

I am a software developer creating a software program I intend

Resolved Question:

I am a software developer creating a software program I intend to market, and plan on finding supplementary technical help from one or more contractors via Elance.com. I have never used this site but have had numerous sub-contracting relationships over the years, always with an NDA and a work agreement, assigning my company the rights in the work.

It seems that once I find a suitable contractor to hire that it's totally my responsibility to require the person to sign an NDA and an agreement which would assign the copyright to me, upon payment for the work.

Is this your impression also? Or are there any protections afforded an employer, such as myself, besides the "implied license to use" the software on payment in full?

What if the company (or person) I hire is located in India?

Thanks.
Submitted: 5 years ago.
Category: Business Law
Expert:  Richard - Bizlaw replied 5 years ago.

bizlaw : If the contractor you use is overseas, you want the contract to be governed by US law and the state in which you are located. YOu want the non disclosure agreementn to have a specific agreement that the work is a work made for hire and that you as employer have the sole copyright in the finished work. That will make the work yours regardless of where the contractor is. If this answer is responsive to your question, please accept it. That is how we are compensated. I would also be appreciated if you provided feed back on your view of the answer. Finally, if the answer was especially helpful you can provide a bonus. If I can be of further assistance or you have other questions in the future you can ask for me and reach me at this site.This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.
Richard - Bizlaw and 5 other Business Law Specialists are ready to help you