SOFTWARE DEVELOPMENT FAQ

Who Owns the Source Code?

Why source code ownership depends on your contract, and what to ask before you sign.

Who owns the source code? Whoever the written contract names. Without an assignment clause, the outside developer who wrote it can usually claim copyright. With Digital-Marketing.pk, the source code, database and server access belong to you once payment is complete, and the agreement says so in writing.

Who owns the source code by default

Under Pakistan's Copyright Ordinance, 1962, the author is generally the first owner of a work, while work made by an employee in the course of employment belongs to the employer. A software house or freelancer is not your employee, so a written assignment is what transfers ownership. This is general information, not legal advice.

A clean ownership clause covers:

  • Full source code in a Git repository under your account
  • Database, backups and admin credentials
  • Hosting, domain and cloud accounts in your company's name
  • Design files and technical documentation
  • A list of third-party libraries, which stay under their own licences

What this means for your business

If a vendor keeps the code, every future change goes through them, at their rates. For a SaaS product you plan to sell or raise money on, investors will ask whether the company owns its IP.

Before signing any software development contract, ask three questions: whose GitHub account, whose server, and what happens to the code if we part ways. Some low quotes in our software development cost guide come with licence-only terms, so read the contract next to the price.

Licence or ownership?

A licence to use a vendor's ready-made platform can be fine. For custom work you pay to build, insist on assignment.

Frequently asked questions

Do I own the code if I have paid only part of the invoice?

Most contracts, ours included, transfer ownership once the agreed payment is complete. Milestone billing reduces risk for both sides: each paid milestone can come with repository access for that stage.

Can another developer work on my code later?

Yes, if you own it and it is documented. That is the practical test of ownership. We hand over the repository, setup notes and credentials so a different team can continue the work, or we can stay on through post-launch maintenance.

Sources & further reading

  1. Khalid Zafar & Associates — Copyright Ordinance, 1962 (full text)

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