Are there any lessons for software developers (or people commissioning software)?
The case highlights the problem with oral contracts and the importance of dealing expressly with IP ownership in written agreements before entering into commercial relationships. It is a lesson that people commissioning software (who have paid for this work) do not necessarily own it. The starting point is that the first owner of the software is the author (in this case Mr Landamore) unless the author is an employee and creates the work in the course of employment. Ownership remains with the author unless it is transferred by written assignment to the commissioner. Alternatively, the commissioner could have a licence to use the software. Where the courts are forced to intervene (as in the present case), it will generally apply the minimum term necessary to make the agreement workable (following the principle in Ray v Classic FM). Courts are very reluctant to imply full transfer of copyright to the commissioner which is often what the commissioner will be seeking. From the software deve
