Why Ownership Matters
When you invest in custom software, you should own the result. But "ownership" isn't always straightforward, and not all development contracts are written in your favor.
What "Ownership" Means
Source Code Ownership
The actual code files that make up your software. With ownership, you can:
- Modify the software yourself or with any developer
- Move to a different hosting provider
- Sell or license the software
- Continue development without the original vendor
Intellectual Property Rights
Legal ownership of the unique ideas and implementations in your software, including:
- Custom algorithms
- Unique business logic
- Data structures
- User interface designs
Common Ownership Scenarios
Full Ownership (Best for You)
You own all custom code, designs, and documentation. The development firm retains nothing except general knowledge.
Licensed Ownership
You have unlimited rights to use, modify, and distribute, but the developer retains underlying IP. Similar to "full ownership" in practice for most purposes.
Shared Ownership
Both parties can use and develop the code. Risky—your competitor could potentially use the same software.
Retained Ownership (Worst for You)
Developer owns the code and licenses it to you. You're locked in and can't switch vendors.
What's Usually NOT Owned by You
Pre-Existing Code
Libraries, frameworks, and code the developer created before your project. These are typically licensed to you but not owned by you.
Third-Party Components
Open source libraries, commercial components. These come with their own licenses.
Generic Solutions
Common patterns and solutions that aren't specific to your business. Developers reasonably expect to reuse general-purpose code.
What to Include in Your Contract
Ownership Clause
Clearly state that you own all custom code, designs, and documentation created for your project.
Source Code Access
Specify that you will receive complete source code, not just compiled software.
Documentation
Include technical documentation, architecture diagrams, and deployment procedures.
Pre-Existing Code Disclosure
Require disclosure of any pre-existing code used in your project and the terms of its license.
Transition Assistance
Include provisions for knowledge transfer if you choose to switch vendors.
Questions to Ask
- Will I own the source code?
- Will I have access to the complete codebase?
- What pre-existing code or frameworks will be used?
- Can I hire another firm to modify the software?
- What happens to the code if we end our relationship?
- Will you help transition to another vendor if needed?
Red Flags
- Contract says developer retains ownership
- You won't receive source code
- Proprietary frameworks that lock you in
- Vague ownership language
- No provision for transition assistance
Our Approach
At Aslan, you own your software:
- Complete source code provided
- Full ownership of all custom code
- Comprehensive documentation included
- No lock-in or proprietary dependencies
- Transition assistance if you ever need it
Want Software You Actually Own?
We build custom software with clear ownership from day one.
Start Your Project