Answers · SOLMONARC

Who owns the code when an agency builds your software?

Not automatically you. In both the UK and US, the developer who writes the code usually owns the copyright by default — paying the invoice does not transfer it without a written assignment. The fix is a clause that assigns all IP to you on payment. Insist on it before you sign.

The default

Why paying isn't owning.

Under UK and US copyright law, the author of the work generally holds the rights unless a contract says otherwise. So a developer can build your system, invoice you, and still legally own the code — leaving you licensed to use it, not free to own it. The two countries differ in the detail (US 'work made for hire' rules, UK assignment requirements), but the lesson is the same: get it in writing.

What to insist on

The clause that protects you.

  • Full IP assignment on payment — all code, design and rights become yours.
  • The complete source code at handover, not just access to a hosted product.
  • No hidden third-party lock-in — clarity on any licensed components.
  • The right to leave — take it to another developer if you choose.
Our stance

You own everything.

We assign all intellectual property to you on payment — the code, the design, the rights. You get the full repository and documentation, and you can take it anywhere. The build is yours because you paid for it; nothing about that should be ambiguous.

Straight answers

Common questions.

Who owns the code when an agency builds my software?

Not you by default. In the UK and US, the developer who writes the code usually holds the copyright unless a contract assigns it to you. Paying the invoice alone does not transfer ownership.

Does paying for custom software mean I own it?

Not necessarily. Without a written IP assignment, you may only have a licence to use the software while the developer retains the copyright. You need an explicit assignment clause.

What contract clause do I need for IP ownership?

A clause assigning all intellectual property — code, designs and rights — to you on payment, plus delivery of the full source code at handover. Without it, ownership is not guaranteed.

Is IP ownership different in the UK and US?

The detail differs — US law has 'work made for hire' rules and the UK relies on written assignment — but in both, the default favours the author, so you need a contract that assigns rights to you.

Will I get the source code?

You should — the complete repository and documentation, not just access to a hosted product. If you can't take the code elsewhere, you don't fully own it.

Who owns the IP on a SOLMONARC build?

You do. We assign all intellectual property to you on payment and hand over the full code and documentation. You can take it anywhere.

Keep reading

Related questions

Own what you pay for.

Book a call and we'll walk you through exactly what you own and what you get at handover — in plain English.