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Beta-Testers and Intellectual Property?

Posted by Cliff on from the tricky-legal-issues dept.

cozimek asks: "I've got a question I'm sure many other Slashdot users have dealt with. My startup has been starting programming development with testing from our beta-clients. One of these clients, however, has begun discussing intellectual property rights. They believe that they deserve rights to parts of our software because they have helped give us advice through the development process. We think we own it all, and that they should be happy to have our services, tailored to their needs, for free. Has anyone dealt with these issues? Has anyone created a beta-tester contract?" As with all such issues, the devil is in the details...particularly the contractual ones. If you've had such issues before, from either side, please let us know how things turned out.

3 of 303 comments (clear)

  1. Beta tester agreement by perlchimp · · Score: 4, Interesting

    We just started beta testing our product. Our beta testers have to sign a 15 page document that states, among other things, that they do not own the rights to any features or improvements they suggest. Of course signing any sort of agreement is disincintive so we offer our product free to them once we release.

  2. work-for-hire by Kallahar · · Score: 3, Interesting

    If you're hiring them to test your product, then any work they do is considered work-for-hire, and is thus owned by your company. (similar to RIAA and it's artists - http://www.wallacecollins.com/workforhire.html)

    If they're doing it for free, then that might not apply...

    Regardless, they're just testing what you did. Their reimbursment is the money you pay them up-front... If they want a piece of the product then that would have to be negotiated up front.

  3. Re:All Your Ideas Are Belong To Us by Sir+Tristam · · Score: 3, Interesting
    When I beta tested, all beta testers got the software when it went into release. (Including all updates.)
    Ahhh... Good; renumeration. If your beta test agreement states that they will get release copies and upgrades at no change to them in exchange for their beta testing, then I would think that you would have a very strong argument that any suggestions that they came up with qualify as work for hire. (You are compensating them by giving them something valuable in exchange for their work product, i.e. bug reports and enhancement suggestions) As work for hire, since you did the hiring, you own the work product. This is why, for instance, IBM owns the patents for inventions that their scientists develop, instead of those scientists owning the patents.

    I would warn you, however, that I am not licensed to practice law in any state (drunk or sober).

    Chris Beckenbach