I'm not a lawyer, but I do a great deal of freelance work as both a web designer and writer. And as far as I know, Sidewindr, that's not a valid assumption. It depends entirely on the contract (which, presumably, you and your coder will have). Without a signed agreement specifying the job as work for hire and indicating that the final product will be owned by the client, there's no reason for a coder or her client to assume that ownership of the product (and exclusive rights for usage) is to be transfered over to the client.

I could be wrong, maybe it's different for coding and tech issues. But I find it hard to believe that anything as important as exclusivity and ownership would by default and without a contract be granted to a client rather than the creator.

Unless you have a contract signed by both parties then you and the coder have no rights at all. (I think :p)

Kira,

It is called Intellectual Property Law and if I were you I would get a lawyer to clarify the law for you. In Australia it is quite clear that if you are employed to do a job and what ever you create within the scope of that employment/contract belongs to the employer. I believe it is very similar in the USA, IP law is rooted in Copyright and Patent law.

eg..

http://www.utsystem.edu/ogc/intellec...erty/ippol.htm

That's what I have been saying .. the client not the coder owns the IP unless there is a contract stating otherwise. :)

In Switzerland, that depends on the kind of contract you have (and yes, even if you don't have a signed contract, you do have a mutual agreement, which counts as a contract).