Article · 10 min read

Copyright Ownership in Employment and Freelance Contracts: Key Legal Insights

Khurana & Khurana, Advocates and IP Attorneys · Khurana & Khurana Free Beginner India

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.

  • 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 on khuranaandkhurana.com ↗

It answers 2 questions

  1. How do I make sure I actually own the code my freelancer writes?
  2. Who legally owns the code and design if I hired a freelancer or agency to build my product?

Read with it

  1. This lays out the one fact most first-time founders get wrong: under Indian copyright law your freelancer owns the code they... iPleaders (blog.ipleaders.in) Article · ~20 min read Freelancer Agreement in India: IP, Ownership and the Clauses That Actually Bind iPleaders
  2. This is a ready-to-fill IP assignment and confidentiality agreement hosted on the government's own Startup India portal, so it... Startup India (startupindia.gov.in) Template · 6-page fillable template Confidentiality and Intellectual Property Assignment Agreement Template (India) Startup India (Invest India)
  3. Explains that without a written assignment, the agency, not you, may own the code you paid for. It covers present tense... Horizon Labs Article Code Ownership and IP Assignment for Contractors: 2026 Guide Horizon Labs
  4. A lawyer's note on the exact wording that actually transfers code ownership in a development agreement. It is short and... Willcox Savage Article Use the Magic Words: Ownership of Code Developed under a Software Development Agreement Joseph B. Allen
  5. Cooley is the law firm behind a huge share of venture-backed startups, and this short piece tells you exactly why your company... Cooley GO Article What You Need in Your Contractor Agreements Cooley LLP
  6. 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... WilmerHale Launch Article Who Owns Your IP WilmerHale
eChai Partner Brands The partnership →