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Thread: Question on "Work Products and Performance" contract clause

  1. #1
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    I'm starting a job for South Dakota Public Broadcasting, and the contract is the state's boiler-plate consultant contract, with the additional job-specific clauses tacked on. I have a question about the "Work Products and Performance" clause.

    "Consultant hereby acknowledges and agrees that all reports, plans, specifications, technical data, miscellaneous drawings, agreements and all information contained therein provided to the State by the Consultant in connection with its performance under this Agreement and which is specific to the State shall belong to and is the property of the State and will not be used in any way by the Consultant without the written consent of the State."

    I don't see "source code" listed. Do I need to be concerned about being able to re-use code in later projects?

  2. #2
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    The Minister of No Crap

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    Check out this article:

    Documentation vs. Source Code

    I think it covers your situation perfectly.

    Hope that helps.

    -scott
    http://www.scottmanning.com/

  3. #3
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    It does help a bit, but it's actually not quite what I'm looking for. The contract elsewhere specifies that I will provide them with both the source and compiled code. My question has to do with whether the clause I quoted could be construed to limit my use of the code in the future.

  4. #4
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    Originally posted by Tirmie
    My question has to do with whether the clause I quoted could be construed to limit my use of the code in the future.
    I think that "technical data" and "all information contained therein" probably covers the use of the source code.

    -scott

  5. #5
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    To explain a little clearer:

    I know that the contract doesn't say specifically "source code" and that's what we would normally look for, but in court, "technical data" and "all information contained therein" could be used to cover source code.

    -scott

  6. #6
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    Hmm. I'll try to get that point clarified.

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