Q: Who is the primary owner of intellectual property; the person who had the idea or the person who built it?
I currently have an idea for a new app. However I currently lack the technical skill to create it, and I am considering finding outside assistance. In this case, would I be the primary owner of the enterprise or would credit go to the person who had the skill to take the idea and turn it into a concrete product? Would I be squeezed out of the final result?
A:
The contract between you and the person who creates your app, as crafted by an attorney, would define who owns the underlying intellectual property. Absent contractual agreement and any real participation on your behalf, other than supplying the idea, if you're seeking to copyright the code of your app, the person who did the actual coding has the best claim to the rights for that work, with the possibility of a court determining that the work was jointly authored.
That being said, the execution and hard work behind ideas are much more valuable and important than the idea itself. If you believe your idea will result in a profitable venture, contact an attorney to assist you draft the agreements with you code-writing contractors. But, you should bring some valuable skill set to the venture, beyond the mere idea, before dedicating your time and money to its development.
Dr. Jamie Cuticchia agrees with this answer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
