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An unpaid developer normally cannot sue for copyright infringement, even when the work has not been paid for (unless the contract explicitly states that the IP
by antonovka 17y ago
An unpaid developer normally cannot sue for copyright infringement, even when the work has not been paid for (unless the contract explicitly states that the IP rights transfer only upon payment, which few contracts do).
I find that surprising -- all my contracts explicitly state that the transfer of copyright for a defined work unit occurs after payment in full. Our lawyer simply included it as a standard clause. From both the contractor and client perspective, I have no qualms with such a clause -- it simply means that if I want to use your work, I have to pay you what I agreed.
The problem here is that the underlying contract was not done as a work for hire.
The legal problem was that the underlying contract did not provide for copyright ownership. The ethical and human problem was that the company's management did not keep their word and pay for the work provided, and thus greatly reduced the likelihood of an amicable resolution to the legal problem of copyright ownership.