Who Owns the Code When You Outsource Software Development?

Short answer: paying for software doesn't automatically make you its owner. In most cases the people who write the code own it until they transfer it to you, and that transfer needs to be clear, in writing and signed. Code is only part of it: the accounts your product runs on matter just as much. This is general information, not legal advice. Have a lawyer review your contract, especially if you work across countries.

Why payment alone isn't enough

Many business owners assume that because they paid for the work, the work is theirs. Often it isn't, until the contract says so. An agency or freelancer isn't your employee, so ownership of what they create has to be handed over to your company in writing. When you read the ownership clause, check three things:

• It's a full transfer, not just permission to use the software.
• It has no end date, so ownership doesn't quietly lapse after a few years.
• It covers every country you operate in or might sell into.

Also check when ownership moves to you. Many agreements transfer each part as it's paid for. Make sure you'd own everything delivered so far if the project stopped halfway.

What you should own besides the code

A signed transfer doesn't help if the product runs in someone else's accounts. Make sure these are created in your company's name, with the developer added as a member:

• Code repository
• Cloud hosting and databases
• Apple App Store and Google Play developer accounts
• Domain, DNS and business email
• Payment gateway, analytics and other third-party services

Also ask for the designs, documentation and any data the product collects. If the accounts are yours from day one, nothing has to be transferred at the end; you simply remove access.

What you won't own, and why that's normal

• Open-source libraries. Almost all software uses them, and they stay under their own terms. Some come with conditions on how the software can be shared, so ask for a list of the main ones used.
• The agency's general tools. Some teams reuse their own internal tooling. That's fine if your contract gives you permanent, irrevocable permission to use whatever is part of your product.

Protecting your project if your developer disappears

Most "we lost our app" stories aren't about bad code. They're about a developer who stopped replying while holding the only access. A few habits prevent that:

1. You hold admin access to every account listed above, not just a login.
2. Code is pushed to your repository regularly, not handed over at the end.
3. Passwords and keys live in a shared vault your company controls.
4. There's a short written guide to how the product is set up and deployed.
5. The contract says what you receive if either side ends the project early.

If it's already happened, our guide to taking over a half-built app covers the first 72 hours. And avoiding vendor lock-in covers the technical side.

How we handle ownership

Our agreement transfers the code, designs and IP created for your project to your company, and every account is set up in your name from the start. You can read the details on how ownership works with us. During scoping we list the accounts your project needs so you can set them up before kickoff.

FAQ

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Want ownership settled before you share your idea? Book a free scoping call; we'll sign an NDA first if you'd like.