Who owns the source code and intellectual property after a project is completed?
Not automatically you. Paying for software and owning the copyright in it are different things, and when you switch agency is when the difference shows. What follows is a general summary of the UK and US position, not legal advice: your contract and the law that governs it decide your case.
United Kingdom
GOV.UK guidance says the author or creator of a work is usually the first owner of the copyright in it. For commissioned work, the first legal owner is the person or organisation that created it, unless you agree otherwise in writing, and without a clear agreement a commissioner may get only an implied, limited, non-exclusive licence. Work an employee creates in the course of employment belongs to the employer, subject to any agreement to the contrary (GOV.UK, ownership of copyright works). Under section 90(3) of the Copyright, Designs and Patents Act 1988, “an assignment of copyright is not effective unless it is in writing signed by or on behalf of the assignor” (legislation.gov.uk). Both accessed 18 October 2026.
United States
The US Copyright Office’s Circular 30 explains that a work is made for hire in two situations: when an employee creates it as part of their regular duties, or when a commissioned work falls into one of nine listed categories and both parties sign a written agreement saying it is a work made for hire (Circular 30, Works Made for Hire, accessed 18 October 2026). Software is not one of those categories in its own right, so code written by an outside agency or freelancer is generally not a work made for hire, whatever the contract calls it. A written assignment of copyright is what moves ownership to you.
What to do when you switch
- Check whether your contract already assigns the IP, and on what condition, for example on payment of each invoice.
- If it does not, ask for a short written assignment as part of the handover, covering the bespoke code, database design, designs and documentation, signed by the supplier.
- Ask for a list of anything the supplier keeps: reusable components, templates or libraries it owns, and the licence under which you can keep using them.
- Note the open-source licences the product depends on, so the new team inherits an accurate picture.
For the IP and exit clauses to put in your next contract, see the contract checklist in our guide to choosing a software development company. For a disputed or valuable codebase, have a lawyer qualified in the governing law review the wording.