The work you buy. The tools that made it.
Separate custom deliverables from pre-existing technology before an ownership clause does it for you.
Make an inventory
List custom deliverables, existing tools, third-party materials, and open-source dependencies. Avoid treating those categories as interchangeable.
Check ownership and licenses
For each category, identify the owner, when any transfer happens, and what use rights the customer needs. Payment conditions, modification rights, and sublicensing may matter.
Follow the deliverable
Think about who maintains the work after the engagement ends. A customer may need rights to let a successor service provider maintain it.
Illustrative negotiation
“We can transfer the custom deliverables after payment while retaining our reusable tools. Let’s make sure the license gives you everything needed to operate and maintain the result.”
Get transaction-specific advice
Ownership, license language, and third-party restrictions require review in context. This article makes no determination of title.
Sources and scope
U.S. Copyright Office — 17 U.S.C. §§ 201–205
Federal copyright ownership and transfers; does not resolve contract-specific title or other IP rights.
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