Contents
Under French law, software built by an outside provider stays with its author until a written contract assigns the rights, each one listed separately, with its scope, purpose, territory and duration (article L131-3 of the Intellectual Property Code). Require an explicit assignment of the source code and rights.
Many business leaders assume that paying for development makes them the owner of the software. Under French law, that is not automatic. Without a precise, written assignment clause, the provider keeps the copyright, and you only have a more or less defined right to use the software. Here is what the French Intellectual Property Code says, and the clauses to require before signing.
This page is a practical summary written by a developer, not a lawyer. It covers French law and does not replace advice from a lawyer or legal specialist.
What French law says
Four articles of the French Intellectual Property Code (Code de la propriété intellectuelle, CPI) are enough to understand what is at stake. Texts checked on Légifrance (in French) in October 2026.
| Article | What it provides | What it means for you |
|---|---|---|
| L112-2 | Software is listed among the works protected by copyright | Your app is a work, with an author |
| L113-9 | Economic rights in software created by employees as part of their duties belong to the employer | A rule for employees only: it does not apply to an outside provider |
| L131-3 | A transfer of rights requires each assigned right to be listed separately, with its field of use defined (scope, purpose, territory, duration) | A vague sentence such as “the client owns the software” is fragile |
| L122-6 | Exploitation rights in software include reproduction, translation, adaptation or modification, and placing on the market | These are the rights the assignment must cover |
The key point is article L113-9: automatic attribution to the employer only applies to employees. As this Solutions Numériques summary (in French) points out, it does not cover software made by consultants or contractors. For them, everything depends on the contract.
Note: article L122-6-1 allows a person entitled to use software to carry out certain acts needed to use it, including correcting errors, unless the author reserves that right by contract. It is a minimum safeguard, not a substitute for an assignment.
The clauses to require in the contract
Here is the checklist I recommend going through in any development contract:
- An explicit assignment clause that lists the rights assigned: reproduction, adaptation, modification, translation, distribution, placing on the market.
- The scope, purpose, territory and duration of the assignment, as required by article L131-3. Worldwide, for the full term of the rights, is the most protective wording.
- Exclusivity, if you do not want the provider to resell the same software to a competitor.
- When the transfer takes place: on delivery, or on full payment. Both are common; what matters is that it is written down.
- Delivery of the source code, not just the compiled app, with documentation and history.
- Excluded components: open-source libraries, the provider’s generic tools. They should be listed, with the license that applies.
- Access: code repository, hosting, database, domain names, third-party service accounts.
Source code, data and access: three different things
Holding the rights to the code is not enough if you cannot get to it. Three things need to be distinguished:
- the source code: the files needed to modify and redeploy the app;
- the data: your customers, orders, documents. They are yours in any case, but you must be able to export them;
- access: hosting accounts, database, code repository, third-party services. If they are in the provider’s name, you depend on them in practice.
Access and exit are covered in detail in reversibility: not depending on your provider.
My terms on code ownership
My terms are simple: the source code and rights are transferred to the client once the project is paid in full, along with all access. Hosting and third-party services are set up in your name and paid by you. I use a mainstream stack (React, TypeScript, Node.js, PostgreSQL through Supabase) so that another developer can take over the project if you wish.
These terms are on the pricing page and apply to every project, from a business app to a platform quoted case by case. To size your project’s budget, the estimator gives you a range in one minute.
When a full assignment is not essential
A full assignment is not always necessary, or even possible. If you use off-the-shelf software, you will only get a license to use it, and that is normal: the vendor sells the same product to thousands of customers. In that case, check the data export terms and the notice period for termination instead.
Likewise, a provider can legitimately keep their generic tools, reused from one project to the next, and grant you a license to them. What matters is that the part specific to your business is assigned to you, and that the license on the rest is perpetual and broad enough to keep developing the tool.
Before you sign
- Review the ownership clause against the list above.
- Ask in writing: “When, and under what conditions, are the source code and rights assigned to me?”
- Have the contract reviewed by your lawyer for a high-stakes project.
During the free 30-minute discovery call, I can show you the exact terms that would apply to your project.
Frequently asked questions
If I pay for the development, do I automatically own the code?
No. Under French law, the rule that automatically gives the rights to the employer (article L113-9 of the Intellectual Property Code) covers software created by employees as part of their duties. For an outside provider, you need a written assignment in the contract. Other countries have their own rules.
What is the difference between a license and an assignment?
A license allows you to use the software under certain conditions, while the author keeps the rights. An assignment transfers to you the economic rights listed in the contract: you can then modify the software, develop it further or hand it to another provider, within the agreed limits.
What about the open-source libraries used in my app?
They remain under their own licenses, which nobody can assign to you. That is not a problem: common licenses allow commercial use. Simply ask for the list of components and their licenses.
When does the assignment happen with Digital Hipster?
The source code and rights are transferred to the client once the project is paid in full, along with all access. This is written into the terms published on the pricing page.
Does this page replace legal advice?
No. It summarizes principles of French law to help you ask the right questions. For a high-stakes contract, have the clauses reviewed by a lawyer specializing in intellectual property, in your own jurisdiction if you are not in France.