Article · ~20 min read

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

iPleaders · iPleaders (blog.ipleaders.in) Free Beginner India

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.

  • 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.
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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

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  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
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