[RESOLVED] Tough One: Advice On Selling Program

[FourBlades]

I've written a program that my employer is considering buying. They would like to buy the rights to the program straight out as opposed to leasing etc.

Can someone guide me to some reading material that might help me make decisions on things like contract language, and prices.

Also, how do I work in the cost of maintenace if they buy the program outright?

Thanks for you suggestions.

[BillBoeBaggins]

I cannot answer many of your questions. But will give you some of my thoughts. Everyone including me hates this answer, but probably searching Google for "Software" Seller Contracts.. might get you some hits.

I have two concerns with this, and neither may apply to your situation.

First off, if you work on this software at your work before you have a signed contract they might be able to claim intellectual property rights on you and keep your software.

Second off, if your not selling it for enough to consider hiring an attorney to compose a contract for this nature of you, you may just want to request a bonus check or them crediting you a certain number of hours and software support ends when your employment ends.

If you do sell them software in an external fashion, most likely they will want for you to agree to fix issues for a certain length of time in a binding agreement. Also, you may want/need to setup a small business with just your name and that way it would be easier for you to bill them differently for support and fixes. And they will probably want the tax/ssi/etc breaks for using you as an external business (contractor) rather than an employee.

I am willing to elaborate on any of this.

[MartinLiss]

Moved because this is not a Classic VB question.

[szlamany]

How long did it take to develop - how many hours?

What does it do to save time for the client?

Could you sell it again - to someone else, yourself?

[Comintern]

I've written a program that my employer is considering buying. They would like to buy the rights to the program straight out as opposed to leasing etc.

Can someone guide me to some reading material that might help me make decisions on things like contract language, and prices.

Also, how do I work in the cost of maintenace if they buy the program outright?

Thanks for you suggestions.

Wow, my employer would just say "Thank you very much" and refer me to a copy of my intellectual property agreement. One thing that you should keep in mind when performing your negotiations is that you don't want to push them too hard. Technically, assuming that you did work on the software while you were on their clock or using their resources, they already own the copyright. I believe this falls under the “work performed for hire” section of copyright law. If they don’t already know this, I’d play it smooth until you get some sort of agreement signed that would override this.

[jeroen79]

You should discuss (and put to paper) with you employer what the features of the software should be.
If at some point your emplyer asks you to perform 'maintenance' then this will help you determine wether you are fixing something or are adding something new.

Also you should consider what you are selling to your employer.
Merely a license to use the software or all rights (including the right to sell and distribute the software).
You should adjust your price accordingly.