- Category: contract law, Contracts
Who Owns the Code? Software Rights in Czech Development Contracts
“I paid for it – it’s mine.”
Not so fast.
Under Czech law, ownership of code does not transfer automatically, even if you paid for development.
If not addressed properly, you may lose the rights to use, edit or even operate the software you commissioned.
⚖️ The Legal Default
The developer is the author and retains:
Economic rights (use, modify, distribute),
Moral rights (cannot be transferred, only licensed).
The client can only gain rights through:
Licensing – exclusive or non-exclusive,
Assignment – of economic rights only.
No agreement = no rights to use, modify or distribute.
📄 What Should Be in the Contract?
Definition of deliverables – which code/assets are included,
Scope of rights – usage, modification, sublicensing,
Time period – limited or perpetual,
Territory – local, EU, global,
Exclusivity – can the developer reuse code?
Separate fee – for rights or included in price?
💡 Common Mistakes
No license or assignment at all,
License to use, but client wants to modify,
Ignoring third-party/open-source components,
Mixing up “ownership” with “license”.
🧱 Real Case
A startup paid for an app.
A year later, they switched developers.
But no IP rights were defined.
The original coder refused to share code or allow changes.
→ Startup had to rebuild from scratch.
✅ Want to secure your rights to the software you paid for?
📩 Custom contracts from CZK 3,500. Legal consultation from CZK 1,500 excl. VAT.
Contact a legal professional – I specialize in contract law.
Learn more here.
- Publikováno:
- Naposledy aktualizováno: 19/06/2025