Who owns the EA?

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When a programmer is hired to write the script for an EA who has ownership of the EA?

The person who ordered the EA or the the person that wrote the script?

 
FX Bandit:

When a programmer is hired to write the script for an EA who has ownership of the EA?

The person who ordered the EA or the the person that wrote the script?

If you specify that the uncompiled code is a part of the deal without restriction on future use, then you do. IMHO. 
 
FX Bandit: When a programmer is hired to write the script for an EA who has ownership of the EA? The person who ordered the EA or the the person that wrote the script?

Irrespective of whether source code is supplied or not, by international laws held up by most countries, the coder holds the the full copyright to the code and the compiled version and reserves ALL rights on it.

The customer, implicitly only receives the right to use the EA for personal use only.  Unless the coder has given express permission, the customer has no rights to be able to distribute it any way, nor does he have any commercial right to sell it either. He does not even have the right to modify the code or have someone else modify it without the coder's express permission.

However, most coders waive some of their rights and allow the customer to modify the code and some even allow their EAs to be sold on the Market. It is all up to the coder to decide this, but it should be fully explained to the customer before the job is taken, to make sure the customer accepts and agrees to the terms.

However, since most coders and customers do not define this on paper with legal documentation, in the the eyes of the law, the coder continues to reserve ALL the rights to the code and the customer has NO rights what-so-ever.

Most customers do not understand this and believe incorrectly that the EA belongs to them just because they hired a coder. It does not! The coder reserves ALL the rights, no matter what, unless explicitly waived or trasfered, with legal documentation, in favour of the customer.

EDIT: This is why at the beginning of the code, the coder places a Copyright notice in his name. In my case I write it as follows:

#property copyright "Copyright \x00A9 2021, Fernando M. I. Carreiro. All rights reserved."
EDIT2: Do some research on the web about Copyright law as it pertains to computer programs and source code. In essence, treat it as Interlectual Property.
 
Fernando Carreiro:

Irrespective of whether source code is supplied or not, by international laws held up by most countries, the coder holds the the full copyright to the code and the compiled version and reserves ALL rights on it.

The customer, implicitly only receives the right to use the EA for personal use only.  Unless the coder has given express permission, the customer has no rights to be able to distribute it any way, nor does he have any commercial right to sell it either. He does not even have the right to modify the code or have someone else modify it without the coder's express permission.

However, most coders waive some of their rights and allow the customer to modify the code and some even allow their EAs to be sold on the Market. It is all up to the coder to decide this, but it should be fully explained to the customer before the job is taken, to make sure the customer accepts and agrees to the terms.

However, since most coders and customers do not define this on paper with legal documentation, in the the eyes of the law, the coder continues to reserve ALL the rights to the code and the customer has NO rights what-so-ever.

Most customers do not understand this and believe incorrectly that the EA belongs to them just because they hired a coder. It does not! The coder reserves ALL the rights, no matter what, unless explicitly waived or trasfered, with legal documentation, in favour of the customer.

EDIT: This is why at the beginning of the code, the coder places a Copyright notice in his name. In my case I write it as follows:

EDIT2: Do some research on the web about Copyright law as it pertains to computer programs and source code. In essence, treat it as Interlectual Property.

Thanks for the explanation!! Hopefully the person I hire will give me the rights.

 
Fernando Carreiro:

I think whatever he said is plain foolishness and you should read the site rules about transfer of copyright and then contact the copyright office for a more definitive answer. I feel alot of those here that have a thing to say are all detractors of the plain truths you must know up legal jurisdiction. Just the fact that the code resides on the server with the company means they own, it for one. Anyone you allow to put their hand in your pockets are bound to make a mess of your belongings. I have gone through it with a freelancer! My freelancer leaked my codes to the public selling copies while in project with me, and now that code is all over the internet. Nobody is going to provide you the kind of sound advise here regardless what you think about them.

Let's not forget that there is a competition in any field for learning how something was done and expanding and improving on it's IDEAS to promote a different outcome. We can say that you are sharing your idea with a freelancer and they are allowed to compete against your idea in making their own but it may as well impact the original idea from another author causing a loss of revenue. The liabilities just aren't in most cases for it ever to become an issue. But, if you want someone to detract from any real perspective on the matter you always have a certain few who simply do not know and will steer you clear of whatever they fear privately.

FX Bandit:

Thanks for the explanation!! Hopefully the person I hire will give me the rights.

From what I know in USA there cannot be any protection over an idea in code

that was ever shared in the public eye ~ either compiled or in source-code 😃

 
FX Bandit:

Thanks for the explanation!! Hopefully the person I hire will give me the rights.

I. General Provisions#

  1. The Freelance section of mql5.com website is the service for fulfilling Orders of programming in MQL4 and MQL5.
  2. The Freelance service is available to registered users of MQL5.com aged 18 and older.
  3. To search for developers who are ready to write a program, an Order needs to be placed.
  4. A user who has placed an Order is hereinafter referred to as the Customer.
  5. To take part in the competition for the Order, a proposal to perform the work needs to be posted in an Application to the Order.
  6. Only verified users can apply for Order execution. A user needs to register as a Seller in order to get the status of a verified user.
  7. A user who has placed an Application is hereinafter referred to as the Applicant.
  8. The Customer chooses one of the Applications, and begins to negotiate the details of the Order with the Applicant who have submitted this Application.
  9. An Applicant selected to perform the work under the Order is hereinafter referred to as the Developer.
  10. All details of the Order are provided in the Requirements Specification.
  11. Job description should be complete, meaningful and contain at least 30 words. Replication of phrases via copy and paste is prohibited.
  12. If no conditions for transferring exclusive rights to the program developed via the Freelance service are set in the requirements specification, all the exclusive rights to the ordered software belong to the Customer. In that case, the Developer can use the developed software for his or her own needs on the terms of a free and simple (non-exclusive) license within the entire duration of the exclusive right.
  13. Using the Freelance service to place and execute the Orders violating the law (decompilation, creating malware or spyware, etc.) is forbidden.
  14. The Administration has the right to stop execution or remove any Order from the Freelance service without giving any reason.
Rules of Using the Freelance Service
Rules of Using the Freelance Service
  • www.mql5.com
Rules of Using the Freelance Service: general provisions, execution of orders, payments,
 
Brian Lillard:

I. General Provisions#

  1. The Freelance section of mql5.com website is the service for fulfilling Orders of programming in MQL4 and MQL5.
  2. The Freelance service is available to registered users of MQL5.com aged 18 and older.
  3. To search for developers who are ready to write a program, an Order needs to be placed.
  4. A user who has placed an Order is hereinafter referred to as the Customer.
  5. To take part in the competition for the Order, a proposal to perform the work needs to be posted in an Application to the Order.
  6. Only verified users can apply for Order execution. A user needs to register as a Seller in order to get the status of a verified user.
  7. A user who has placed an Application is hereinafter referred to as the Applicant.
  8. The Customer chooses one of the Applications, and begins to negotiate the details of the Order with the Applicant who have submitted this Application.
  9. An Applicant selected to perform the work under the Order is hereinafter referred to as the Developer.
  10. All details of the Order are provided in the Requirements Specification.
  11. Job description should be complete, meaningful and contain at least 30 words. Replication of phrases via copy and paste is prohibited.
  12. If no conditions for transferring exclusive rights to the program developed via the Freelance service are set in the requirements specification, all the exclusive rights to the ordered software belong to the Customer. In that case, the Developer can use the developed software for his or her own needs on the terms of a free and simple (non-exclusive) license within the entire duration of the exclusive right.
  13. Using the Freelance service to place and execute the Orders violating the law (decompilation, creating malware or spyware, etc.) is forbidden.
  14. The Administration has the right to stop execution or remove any Order from the Freelance service without giving any reason.

This opposes what @fmic said

 
Brian Lillard:

I. General Provisions#

  1. If no conditions for transferring exclusive rights to the program developed via the Freelance service are set in the requirements specification, all the exclusive rights to the ordered software belong to the Customer. In that case, the Developer can use the developed software for his or her own needs on the terms of a free and simple (non-exclusive) license within the entire duration of the exclusive right.

Unfortunately, Metaquotes is in violation of Copyright law! Just because they have written that in the rules does not make it so, nor is it legal. Speak to a lawyer and do your research and you will find that out for yourself.

Besides, the OP did not say anything about the freelance section. He just asked a general question about who owns the the EA.

Anyway, don't take my word for it. Consult a lawyer. You might be in for a big surprise, as there are several other aspects that I did not even mention.

 
Brian Lillard: From what I know in USA there cannot be any protection over an idea in code that was ever shared in the public eye ~ either compiled or in source-code 😃

Wrong! USA is one of the countries that most protects coder's rights. You are in for a rude awakening!

 
PS! As reference, I have been a Software Developer for 37 years, having worked in both South Africa and Portugal, and while in South Africa I had the pleasure to work for a while for Microsoft and for Aldus (later acquired by Adobe). I have gone through a couple of court cases (one in South Africa and another in Portugal), specifically in regards to Copyright violations of my work. So, I know what I am talking about and not just spewing stuff out of my backside. Both court cases were against individuals and not companies. Companies usually respect the developers' rights while individuals tend to not understand the concept of Intellectual Property.
 
Brian Lillard:

I. General Provisions#

  1. The Freelance section of mql5.com website is the service for fulfilling Orders of programming in MQL4 and MQL5.
  2. The Freelance service is available to registered users of MQL5.com aged 18 and older.
  3. To search for developers who are ready to write a program, an Order needs to be placed.
  4. A user who has placed an Order is hereinafter referred to as the Customer.
  5. To take part in the competition for the Order, a proposal to perform the work needs to be posted in an Application to the Order.
  6. Only verified users can apply for Order execution. A user needs to register as a Seller in order to get the status of a verified user.
  7. A user who has placed an Application is hereinafter referred to as the Applicant.
  8. The Customer chooses one of the Applications, and begins to negotiate the details of the Order with the Applicant who have submitted this Application.
  9. An Applicant selected to perform the work under the Order is hereinafter referred to as the Developer.
  10. All details of the Order are provided in the Requirements Specification.
  11. Job description should be complete, meaningful and contain at least 30 words. Replication of phrases via copy and paste is prohibited.
  12. If no conditions for transferring exclusive rights to the program developed via the Freelance service are set in the requirements specification, all the exclusive rights to the ordered software belong to the Customer. In that case, the Developer can use the developed software for his or her own needs on the terms of a free and simple (non-exclusive) license within the entire duration of the exclusive right.
  13. Using the Freelance service to place and execute the Orders violating the law (decompilation, creating malware or spyware, etc.) is forbidden.
  14. The Administration has the right to stop execution or remove any Order from the Freelance service without giving any reason.

I see that says the exclusive rights belong to the customer "but" the developer can use it for their own needs.  Doesn't seem to be exclusive to the customer?

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