Own-it | Intellectual Property Know-How for Creative Businesses

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Escrow

Published 16.11.11 at 14:07

In website commission agreements, it is normally the case that the source code which operates the back aspect of the website will belong to the software developer.

The parties could enter into an escrow agreement whereby the source code is deposited with an independent third party such as the National Computing Centre. This would provide for the release of the source code if the software developer becomes insolvent or where they are in breach of any of the terms of the agreement.

Photograph (some rights reserved) by Nothing exceptional here

 

Please note that this article discusses the legal position in the UK at the time of publication. It provides general information only but is not to be regarded as legal advice. You must take advice from a specialist lawyer in relation to your specific circumstances. Further, you should seek additional legal advice when dealing with parties based in other parts of the world or works originating from other parts of the world as the legal position may vary.

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