Build the product

How do I make sure I actually own the code my freelancer writes?

The short answer

Get a signed agreement with an explicit "work made for hire" and IP-assignment clause before any code is written, because in many jurisdictions the developer owns what they create by default. Insist on your own repository and cloud accounts (GitHub, AWS, domain) in your name, and add the developer as a collaborator, never the reverse. If they push code only to their machine or their account, you own nothing you can walk away with.

Go deeper, your way

19 hand-picked resources, 16 link-checked. Pick how you want to dig in.

▶️ Video
✓ Link checked Free Beginner

Why we picked it YC's CFO walks through the practical mechanics of running an early startup, including hiring and why IP must sit with the company. Hearing it explained by someone who has processed thousands of startups makes the abstract point concrete. A solid watch while you commute.

Startup Mechanics (Stanford CS183F)

On Y Combinator / Stanford by Kirsty Nathoo 58 min

  • Everyone who works on the company should assign their IP to it.
  • Handle assignments early to avoid painful cleanup later.
  • IP ownership is a core part of a fundable company.
Watch on YouTube youtube.com
📄 Article
✓ Link checked Free Beginner

Why we picked it A plain founder-level explainer from a top startup law firm on why the person who writes the code owns it by default, and what it takes to move that ownership to your company. It covers founders, employees, and contractors in one place so you see where the gaps usually open. A good first read before you talk to any lawyer.

Who Owns Your IP

From WilmerHale Launch by WilmerHale

  • The creator owns the work unless a written agreement says otherwise.
  • Every contributor to the product needs a signed assignment, no exceptions.
  • Investors check your IP chain of title during due diligence.
Open launch.wilmerhale.com
📄 Article
✓ Link checked Free Advanced

Why we picked it A lawyer's note on the exact wording that actually transfers code ownership in a development agreement. It is short and specific about why 'will assign' is weaker than 'hereby assigns'. Read it before you sign so your IP clause holds up.

Use the Magic Words: Ownership of Code Developed under a Software Development Agreement

From Willcox Savage by Joseph B. Allen

  • The precise assignment wording decides who owns the code.
  • 'Hereby assigns' now beats a promise to assign later.
  • Get the ownership language reviewed before final payment.
Open willcoxsavage.com
📄 Article
✓ Link checked Free Beginner

Why we picked it A clear walk-through of what an IP assignment agreement is and how ownership moves from a person to the company, covering copyrights, patents, and trade secrets. It is written for founders, not lawyers, so it is a fast way to understand the mechanics before you sign anything. Useful for framing what you actually need from a contractor.

How to Assign Intellectual Property to a Business

From Stripe by Stripe

  • Copyright assignment covers the code, patent assignment covers inventions.
  • The company, not the individual, must hold the rights.
  • A written, signed instrument is what makes the transfer real.
Open stripe.com
📄 Article
✓ Link checked Free Intermediate

Why we picked it Atlas built this guide with Orrick, and its blunt advice is to get signed IP assignments from everyone who touches the company, including a freelancer brought in for a single day. It explains the real risk: a contractor later claiming you infringe their IP and forcing you to pay or shut down. Read the IP and contractor sections closely.

Employment (Stripe Atlas Guide)

From Stripe Atlas by Stripe Atlas with Orrick

  • Get an IP assignment from everyone, even one-day freelancers.
  • An unassigned contributor can later claim infringement against you.
  • Your own pre-incorporation work also needs assigning to the company.
Open stripe.com
📄 Article
✓ Link checked Free Intermediate

Why we picked it The most practical piece on this list: it tells you to own the repository from day one, set up GitHub in your business name, and add the developer as a collaborator rather than the reverse. It compares this free approach against expensive escrow and shows why direct access beats insurance. Exactly the operational habit that protects you if a developer disappears.

Do You Need Source Code Escrow? (Probably Not, But Here's When You Do)

From Captain Pragmatic by Captain Pragmatic

  • Create the repo and cloud accounts in your name, add the dev as collaborator.
  • Require the developer to work in your repo, not their personal account.
  • Verify your access on a schedule so you are never locked out.
Open captainpragmatic.com
📄 Article
✓ Link checked Free Beginner

Why we picked it A free companion to Nolo's book that lays out the two tools you need: a work-for-hire clause where it applies, and an assignment clause for everything else. It is short and specific to works made by contractors, which is exactly your situation with a freelance developer. A good sanity check on any contract you are handed.

How to Protect Your Intellectual Property Rights in Works Created By Contractors

From Nolo by Nolo

  • Use assignment language, not just a work-for-hire label.
  • Contractors keep ownership by default unless they sign it over.
  • Cover both copyright and any patentable inventions.
Open nolo.com
📄 Article
✓ Link checked Free Intermediate

Why we picked it Explains that without a written assignment, the agency, not you, may own the code you paid for. It covers present tense assignment language and why a work for hire label alone is not enough for contractors. A fair milestone contract is worthless if you do not end up owning the result.

Code Ownership and IP Assignment for Contractors: 2026 Guide

From Horizon Labs by Horizon Labs

  • Payment alone does not transfer code ownership to you.
  • Insist on a present assignment of all IP in writing.
  • Confirm you can hand the code to another developer later.
Open horizon-labs.co
📄 Article
✓ Link checked Free Beginner

Why we picked it A concise lawyer's post on the single most common and most avoidable legal mistake early startups make: never securing clear IP ownership from contributors. It connects the dots to real consequences, delayed financings and collapsed acquisitions. A useful wake-up call if you have been putting the paperwork off.

Who Really Owns Your Startup's IP?

From The IP Law Blog by Jeffrey Pietsch, Weintraub Tobin

  • Unclear IP ownership has killed financings and acquisitions.
  • Every founder, employee, and contractor must sign an assignment.
  • It is one of the most avoidable legal mistakes at the early stage.
Open theiplawblog.com
📄 Article
✓ Link checked Free Beginner

Why we picked it Y Combinator's own primer on the legal machinery of a startup, including why everyone must assign IP to the company or there is nothing of value to fund. It is short, opinionated, and reflects what YC actually requires of its founders. Read it to understand the standard investors will hold you to.

Startup Legal Mechanics

From Y Combinator Startup Library by Y Combinator

  • If the company does not own the IP, the company has no value.
  • IP assignment is expected of founders, employees, and contractors.
  • Investors verify assignments during due diligence.
Open ycombinator.com
📄 Article
✓ Link checked Free Advanced

Why we picked it A corporate-counsel reference on why the work-for-hire doctrine frequently does not cover software, and how to structure assignments so ownership is airtight. It is more technical, aimed at people drafting the actual contract, so bring it to your lawyer or use it to vet a template. Advanced but authoritative.

Quick Counsel: Software Work for Hire (United States)

From Association of Corporate Counsel by Christopher T. Varas, Association of Corporate Counsel

  • Software rarely fits the nine statutory work-for-hire categories.
  • A present assignment is the reliable path to ownership.
  • Copyright transfer does not carry patent rights with it.
Open acc.com
📄 Article
✓ Link checked Free Advanced

Why we picked it The Supreme Court case that turned on two words, and this article explains why "hereby assigns" beat "agrees to assign" and cost an institution its rights. It is the clearest real-world proof that the exact wording of your assignment clause matters. Read it so you never sign the weaker phrasing.

Agree to Assign vs. Hereby Assign: In Stanford v. Roche, the Wording Decided

From The National Law Review by Kevin W. McCabe, The National Law Review

  • "Agrees to assign" is only a future promise you may have to enforce.
  • "Hereby assigns" transfers rights at the moment of creation.
  • Precise contract wording decided who owned the invention.
Open natlawreview.com
📄 Article
✓ Link checked India Free Beginner

Why we picked it This lays out the one fact most first-time founders get wrong: under Indian copyright law your freelancer owns the code they write unless they assign it to you in writing, so no clause means no ownership. It walks through the exact assignment language you need and a smart safeguard of tying the transfer to full payment. It is written for the Indian legal context, not lifted from a US template, which is why it fits a founder here better than the generic explainers.

Freelancer Agreement in India: IP, Ownership and the Clauses That Actually Bind

From iPleaders (blog.ipleaders.in) by iPleaders ~20 min read

  • By default in India the freelancer, as author, owns the copyright in the code; without a signed written assignment you get only a limited licence, not ownership.
  • The contract needs an explicit IP assignment (or work-for-hire) clause; a handshake or an invoice does not transfer ownership.
  • Tying the IP transfer to full payment protects both sides and gives you a clean, enforceable chain of ownership.
Open blog.ipleaders.in
📄 Article
✓ Link checked India Free Beginner

Why we picked it This is the plain-English India explainer that maps exactly to your problem: it walks through Section 17(c) (employees vest in the employer, freelancers do not) and Sections 18-19 (a valid assignment must be written, signed, and specify rights, duration, and territory), then spells out that without it a freelancer gives you only an implied license. Written by a working Indian IP firm, it closes with the investment angle, ambiguous ownership chains delaying diligence and cutting valuation, which is the exact reason to fix this before your round.

Copyright Ownership in Employment and Freelance Contracts: Key Legal Insights

From Khurana & Khurana by Khurana & Khurana, Advocates and IP Attorneys 10 min read

  • Under Section 17(c) employee works vest in the employer by default, but freelancers and contractors retain copyright unless a written assignment says otherwise, and payment alone does not transfer it
  • A valid assignment under Sections 18-19 must be in writing, signed by the freelancer, and specify the rights, duration, and geographical scope, else you hold only an implied license
  • Moral rights (Section 57) stay with the author even after economic rights transfer, and a clean copyright chain is what due diligence, mergers, and acquisitions scrutinize
Open khuranaandkhurana.com
📄 Article
Free Intermediate

Why we picked it Cooley is the law firm behind a huge share of venture-backed startups, and this short piece tells you exactly why your company owns nothing a contractor builds unless the agreement assigns the IP to you. It walks through the specific clauses a contractor agreement needs so the code, designs, and everything else become yours. You get a lawyer's checklist without paying for the meeting.

What You Need in Your Contractor Agreements

From Cooley GO by Cooley LLP

  • Without a signed IP assignment, a contractor can resell your code to a competitor.
  • Payment alone does not transfer ownership of what a contractor creates.
  • The agreement should be signed before work starts, not patched in later.
Open cooleygo.com
📄 Article
Free Advanced

Why we picked it If your developer sits in France, Germany, the UK, or the US, this guide explains how code ownership actually works in each, and why a clause that is fine in one country can fail in another. It is more advanced, but useful the moment you hire across borders, which is common for Indian founders working with global talent. Skim the country that matches your contractor.

Intellectual Property Assignments from Software Developers (France, Germany, UK, US)

From Orrick by Orrick, Herrington & Sutcliffe

  • IP assignment rules differ sharply by country.
  • Some jurisdictions give developers moral rights you cannot fully assign away.
  • A single global template can leave gaps in specific countries.
Open orrick.com
📖 Book
Paid Intermediate

Why we picked it A working handbook with ready-to-use contractor agreements and sample IP assignment language, including a version written for the hiring business. Each chapter explains the clause before handing you the text, so you learn why each line matters. Worth owning if you hire contractors regularly and want to stop reinventing the contract.

Consultant & Independent Contractor Agreements

From Nolo by Stephen Fishman

  • Includes business-side contractor agreements with IP assignment clauses.
  • Explains confidentiality, scope, and ownership in plain language.
  • Recent editions address contractors' use of AI tools.
Open store.nolo.com
🛠️ Tool
✓ Link checked Free Beginner

Why we picked it If a developer already built your code in their own account, this is the official step-by-step for moving the repository to your account or organization. It also confirms the ownership mechanics: the new owner controls the repo, and the old owner drops to collaborator. Bookmark it for the handover moment.

Transferring a Repository

From GitHub Docs by GitHub

  • A repo can be transferred to your org from the Settings danger zone.
  • After transfer the previous owner keeps only collaborator access.
  • The target account cannot already hold a repo of the same name.
Open docs.github.com
📋 Template
✓ Link checked Freemium Beginner

Why we picked it A free, editable IP assignment template you can adapt as a starting point rather than facing a blank page. Use it to see the shape of an assignment clause, then have a lawyer tailor it to your situation and jurisdiction. Handy for understanding structure, not a substitute for local legal review.

Intellectual Property (IP) Assignment Template

From Contractbook by Contractbook

  • Gives you a concrete assignment clause to work from.
  • Shows the standard structure of an IP transfer.
  • Adapt it and get local legal review before relying on it.
Open contractbook.com

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