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You launch. You grow. Then you want to switch developers — and discover your old developer owns the code. This happens more often than you'd think. And it can kill a company. ## The Default Rules (They're Not in Your Favor) In most countries, the person who writes code owns the copyright — unless there's an agreement saying otherwise. This applies to freelancers, agencies, and contractors. **Employees** are different. Code written by employees during work hours typically belongs to the employer. But contractors are not employees. Without a clear written agreement, your contractor may legally own the code you paid for. ## What You Need in Every Contract ### 1\. Work-for-Hire or Assignment Clause The contract must explicitly state that all work product — code, designs, documentation — is owned by you (or your company). Look for language like "work made for hire" or "assigns all rights, title, and interest." ### 2\. Source Code Access You should have access to the code repository from day one. Not "upon completion." Not "upon request." From day one. The repository should be in your account (GitHub, GitLab, etc.) with the developer added as a collaborator. Not the other way around. ### 3\. Third-Party and Open Source Disclosure Your developer will use open-source libraries — that's normal and expected. But they should disclose what they're using and confirm the licenses are compatible with commercial use. ### 4\. Data Ownership Your user data belongs to you. The contract should state that the developer has no rights to your data, cannot retain copies after the engagement ends, and cannot use it for any purpose. ### 5\. Termination Rights If you end the relationship, you keep everything. Code, data, documentation, accounts. This should be explicit and unconditional. ## Database and Infrastructure Ownership ### Domain Names Register domains in your company's account. Never let a developer register domains on your behalf. ### Hosting Accounts Cloud hosting (AWS, Google Cloud, etc.) should be in your account. If your developer manages it, they should do so as an authorized user on your account — not theirs. ### Database Access You should have direct access to your database at all times. If your developer sets up the database, get admin credentials immediately. ### Third-Party Services Stripe, email providers, analytics tools — all should be in accounts you own. Use your company email for registration, not the developer's. ## Red Flags - Developer resists giving you code access - Repository is in the developer's personal account - No written agreement about IP ownership - Developer wants to "license" the code to you instead of transferring ownership - They retain the right to reuse your code for other clients ## The Bottom Line Ownership isn't just about legal rights. It's about control. If you own your code, data, and infrastructure, you can switch developers, pivot your product, or sell your company without anyone's permission. If you don't own these things, someone else controls your business. * * * You don't have to figure this out alone. We believe founders should own everything — code, data, and infrastructure. That's why we don't take equity and we set up everything in your accounts from day one. Learn why we do things differently. Ready to put this into practice? Learn why we don't take equity [Learn More](/no-equity) Related topics: who owns the code software IP ownership startup code ownership developer owns my code code ownership rights software intellectual property ## Continue Reading [ ### MVP vs Prototype: What Investors Want Founders often confuse prototypes with MVPs. Here's why the distinction matters when you're raising capital. ](/insights/mvp-vs-prototype-what-investors-actually-want)[ ### The Fractional CTO Decision Framework When does hiring a fractional CTO make sense? A practical framework for founders evaluating technical leadership options. ](/insights/the-fractional-cto-decision-framework) ## Let's build something together Turn insights into action. Discuss your project with us. [Start a Conversation](/book) [View All Insights](/insights) [![Build14 logo](/assets/logo-icon-DntukHz5.png)Build14](/) From idea to live product in 14 days. 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