A Flash Developer Resource Site

Results 1 to 3 of 3

Thread: re-working of copyrighted software under exclusive license - who will own it?

  1. #1
    Senior Member
    Join Date
    May 2004

    re-working of copyrighted software under exclusive license - who will own it?

    A publisher wants to take my copyrighted software and re-develope it with new code and graphics (with another company)with a 2 year exclusive contract from me.
    They take care of marketing publishing distribution sales design tech support etc...I get royalties on net profits of their sales.

    Yes- I know of 'monkey points'/net profits google it sometime.

    I know about intellectual Protection but not how to enforce it, if a company wants to re-develope your software.
    (I personally think only the graphics/packaging needs work.)

    I am aiming for a sum up front for royalties on gross sales which I believe is proper (even if the % is not as high).

    In a nutshell: "redevelopment of existing copyrighted software to produce a product that performs the same, has a different title and published under exclusive contract for 2 years from the original owner of the software".
    *who owns that software before and AFTER the exclusive license has ended.*

    I have made it clear the software I have sent to them is only object code, -should not be altered in any fashion for sale or otherwise, -that it is to be used for evaluation purposes only.

    (They have to register the software on my database to be able to use it legally- password protection etc as well so I should find out if they are using it- unless they are developers themselves which they are not).

    Need advice/links as to what is a more attractive publisher offer or how to cover myself in this one pls.

    Last edited by ShafAttack; 11-24-2004 at 05:57 AM.

  2. #2
    Freelance or Bust thodya's Avatar
    Join Date
    Aug 2000
    Toronto, ON
    This may not be an option, but probably the easiest solution for you would be to sell them the rights to the software outright.

    I don't know who you're dealing with, but if there's any question as to their reputability I wouldn't enter into a royalty payment agreement. That's just asking for trouble. Given their business plan is to take pre-written software, and tweak it to avoid copyright enfringements, I'm going to wager they're not the kind of people you want to have anything to do with.

    Good luck.

  3. #3
    Senior Member
    Join Date
    May 2004
    Thank you,
    I will bear that option in mind. It might be the only one i get.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts

Click Here to Expand Forum to Full Width

HTML5 Development Center