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Who owns your code? Check in a minute.
Tell us who has built your product so far and whether they signed anything. See where ownership gaps are likely, before an investor or buyer finds them.
General information about Ontario and Canadian law, not legal advice or an opinion on your situation. Results depend on your facts and documents, so check with a lawyer before you act.
Questions
If we paid a contractor, do we own the code?
Not automatically. Under Canada’s Copyright Act, the person who creates a work owns the copyright unless they assign it in writing, signed by them. Paying the invoice doesn’t transfer ownership on its own.
Do we own what employees build?
Usually. Work an employee makes in the course of their employment generally belongs to the employer unless they agree otherwise. A written agreement still helps with side projects, inventions and moral rights.
What is a moral rights waiver?
Moral rights protect a creator’s connection to their work, such as being credited and the work’s integrity. They can’t be assigned, only waived, so agreements usually include a waiver alongside the IP assignment.
Can we fix a gap after the code is written?
Often, yes, by having the person sign an assignment of what they already built. It’s easiest to do before a fundraise or sale, when investors and buyers check for it.
Read next: Who owns code a contractor writes?IP assignment fees
This tool gives general information and estimates about Ontario and Canadian law only, not legal, tax or financial advice. Results depend on the exact terms of your documents. Legal services are provided by lawyers licensed by the Law Society of Ontario. See our Terms of Use.