Question 1

Who owns the source code when an agency builds your software?

Accepted Answer

Whatever the contract says - and by default in most jurisdictions, the developer owns code absent explicit work-for-hire or assignment terms. Before any exit conversation, quietly verify three things: repository access, deployment control, and the IP clauses in the agreement. Surprises here are the most common way vendor exits go wrong.

Question 2

What should we secure before giving an agency notice?

Accepted Answer

Repository and infrastructure access, deployment credentials, license inventories, documentation, and confirmation of contractual IP ownership - all verified while the relationship is still cooperative.

Question 3

What if the agency refuses to hand over the code?

Accepted Answer

The contract governs, which is why the audit precedes the notice. Where terms are ambiguous, negotiated transitions - knowledge transfer tied to final payments - resolve faster and cheaper than disputes. Structure the exit so cooperation is the vendor's best outcome.

Who owns the source code when an agency builds your software?

The short answer, with operator context.

Outcomes that inform this answer.

What to ask next.

What should we secure before giving an agency notice?

What if the agency refuses to hand over the code?

Where to go next.

Turn the answer into an operating plan

What should we secure before giving an agency notice?

What if the agency refuses to hand over the code?

How do we bring software development back in-house from an outsourcing vendor?

How do CFOs reduce SaaS spend without cutting tools teams rely on?

How do I negotiate a SaaS renewal price increase?

Turn the answer into an operating plan