⚖️ Why Is Software a Copyrighted Work?

According to Czech Copyright Law, code is a literary work – if it’s original and creative.
This includes:

• programs,

• apps,

• scripts and plugins,

• database schemas.

Even small or simple pieces of code may qualify.

🧠 What Does This Mean for Clients?

If you don’t explicitly agree otherwise, then:

• the developer remains the author,

• the client only gets a limited license,

• and cannot:

  • edit the code,

  • hire someone else to modify it,

  • or resell or transfer it.

The default legal regime is: you paid for use, not ownership.

🧾 What Should the Contract Include?

• Clear statement whether:

  • rights are being transferred,

  • or just licensed (exclusive or non-exclusive),

• Scope of license – edits, distribution, reuse, etc.,

• Territorial and time limitations,

• Separate payment (if any) for licensing.

⚠️ Common Mistakes

1. No mention of IP rights at all.

2. Vague clauses like “rights will transfer” without detail.

3. No clarification which parts are copyrightable (e.g. with AI-generated code or open-source).

🧱 Real Case

A company hired a developer to build a system. Years later, they wanted to have it modified.
But the original developer refused to release the code, claiming he never transferred rights.
He was right.
They had to renegotiate and pay again – because their contract was incomplete.