If your developer quits halfway, who owns the code?
For example, a 6-truck HVAC company hires a freelancer to build a scheduling system. Halfway through, the freelancer stops answering. The owner has paid two invoices. Do they own what was built? Not automatically. The U.S. Copyright Office says copyright belongs at first to the person who created the work, and that owning a copy of something doesn’t make you the owner of its copyright.
Ownership usually moves to you in one of two ways. The first is “work made for hire.” For an outside contractor, that only applies when there’s a written agreement, signed by both sides, that says plainly the work is made for hire, and the work fits one of nine specific kinds the law lists, such as a translation or a test. If any piece is missing, it isn’t a work made for hire. The second way is a written transfer of the copyright, often called an assignment, signed by whoever owns it.
So the answer sits in your agreement. Look for who owns the code, when ownership passes to you, and what happens if the work stops early. This isn’t legal advice. If the wording is unclear, or there’s no written agreement at all, talk to a lawyer before you pay the next invoice or hire someone to finish the job.
References: U.S. Copyright Office: Copyright Basics (Circular 1) (opens in a new tab) · U.S. Copyright Office: Works Made for Hire (Circular 30) (opens in a new tab)
Can you get your data out on your own?
The code is only half of it. Your customer list, job history, quotes, invoices and photos are what keep the business running. For example, a landscaper with 4 crews might have years of addresses, gate codes and service notes in one system. If that system goes dark, those records matter more than the code.
Ask for a way to export everything in plain files, like spreadsheets that open in Excel or Google Sheets, any time, without waiting on the developer. Then try it. Export once when the system goes live and again every few months, and save the files somewhere you control. If export only works by request, find out how long it takes and whether it costs extra.
Who really owns your domain?
Your domain is your website address, and often your email address too. Whoever is listed as the registrant on the domain record is its holder under ICANN’s rules. A common problem: the old web person bought the domain years ago, in their own account or under their own name. For example, a café owner adding catering orders finds the domain renews on someone else’s card.
Check yours today. Search your domain at lookup.icann.org, ICANN’s free lookup tool. It shows which company the domain is registered with, called the registrar. Personal contact details may be hidden for privacy, so then log in at that registrar, or ask whoever can, and look at the name and email listed as the registrant. It should be you or your business, with an email you control.
To move a domain to another registrar, you need a transfer code, also called an auth code. Your registrar may let you get it yourself from your account. If not, ICANN’s rules say the registrar must give it to you within five calendar days of your request, and must give you a reasonable way to remove a lock. If a registrar won’t follow the rules, you can file a complaint with ICANN. If your old web person is listed as the registrant and won’t hand it over, that’s a good time to talk to a lawyer.
References: ICANN: FAQs for Registrants: Transferring Your Domain Name (opens in a new tab) · ICANN: Updated Lookup Tool for Domain Name Registration Data Now Available (opens in a new tab)
Which logins should you keep?
When a developer leaves, the real pain is often a login only they had. Keep the top owner login for each of these with your business, tied to a company email you control. Give your developer their own user, not your password.
- The domain registrar, where your domain renews
- Business email, for example Google Workspace or Microsoft 365
- Your payment processor, like Stripe or Square, where your money lands
- Your accounting, like QuickBooks Online
- The main admin login for your website or business system
- Your Google Business Profile and social pages
Does the hosting have to be on your account?
Not always. Hosting is the rented computer your website or system runs on. It’s normal for it to sit on the builder’s account while they look after it, as long as you can move it when you want to. What matters is that the move is written down: when you can take it over, what you get, and what it costs.
Here’s how we do it. Hosting runs on our account, and you can take it over after payment. You own the code we write once the project is paid in full. Outside tools we connect to, like QuickBooks Online, Stripe or Square, keep their own licenses and terms, and those accounts should be your own. Hosting and care are listed monthly in the quote, so you can see what you’re paying for.
Questions to ask any developer before you sign
Ask these on the call, then check that the answers are in the written agreement.
- Who owns the code, from what date, and where does the agreement say so?
- If the project stops halfway, what do I get for what I’ve already paid?
- Which parts are outside tools with their own licenses or monthly fees?
- Can I export all my records to spreadsheet files myself, any time?
- Who will be listed as the registrant on my domain?
- Whose account is the hosting on, and how do I take it over?
- Who will have owner logins, and will I have them too?
- If we part ways, what do you hand over: a copy of the code, the logins, and short notes on how it fits together?
What to write down before your first call
Spend 20 minutes on a one-page list. Write your domain name, the registrar, and who is listed as the registrant. List each account from the logins section, who holds the owner login, and whose card pays for it. Note where your customer and job records live today, and whether you’ve ever exported them.
Then add one line: “If we had to leave, what would we need?” That list makes quotes easier to compare, and it shows the gaps to close now, while everyone still answers the phone. If one of those calls is with us, bring the list to the free first call.
