Expert knowledge for digital decisions

Who Owns the Source Code After the Project?

Short answer

This is a matter of negotiation and belongs in the contract – not in a verbal promise. Three models are common: full rights transfer, a simple usage right, or a mixed form where your business logic belongs to you and reusable components remain with the service provider.

The Three Common Models

Full Rights Transfer

You receive exclusive usage rights to the created code and can have it further developed by anyone you choose. This is the strongest position and usually the most expensive, as the service provider cannot reuse anything.

Simple Usage Right

You may use the software, but cannot distribute it or have it further developed by third parties. This is cheaper but ties you to one provider.

Mixed Form (most common in practice)

Everything that represents your business logic goes to you. General components that the service provider uses in every project remain with them – you receive a permanent usage right to them.

What You Should Pay Attention To

Third-Party Libraries. No service provider can transfer rights to open-source components that they only use under license. Request a list of the licenses used.
Access Instead of Promises. Access to a repository from day one is worth more than a handover clause at the end of the project.
Operational Knowledge. The code alone is of little use without documentation of the environment, dependencies, and access data.

At Ouhud

What You Should Demand Regardless of the Model

Read access to the repository from the start of the project
A list of the open-source components used with their licenses
Operational documentation as a deliverable
Access data for domain and hosting registered to your company

These four points are more powerful than any wording in the contract: they ensure that a change remains practically possible.

Key facts

Decisive: Written regulation in the contract, not verbal
Often Overlooked: Licenses of open-source components