I work in a web agency; we developed a web application for a customer.
Once the app was done, the customer asked us the property rights for
our whole app so he can sell it to others.
In this case, how can we handle the lincense?
Can we use a license which allows us to control and make a profit on every
solt copy of our app?
3
Sure you can use such a license. You can use any license terms the other party agrees to (within the limits of your local law). But license agreements are tricky. When they aren’t worded by a legal professional, you risk writing one which doesn’t actually say what you think it says.
Just to give one example. Let’s say you write a clause like “[developer] gets 20% of all profits generated by [customer] from transfering the rights to [application] to a 3rd party”. Sounds good, right? But what if the people they transfer it to also transfer it to a 4th party? You only asked for 20% of the profits generated by [customer], not any of [customer’s customer], so you would gain nothing on that 2nd transaction. That means [customer] could sell the software for $1 to a subsidiary company (of which you would get 20 cent) and make that subsidiary sell it to others for millions without having to pay you anything. And that’s just one example of one mistake you could make.
For that reason you and your customer should hire lawyers which negotiate a licensing contract which says exactly what you want it to say and is free of any obvious loopholes.
By the way: When you do a work-for-hire, you should usually make such a contract before you start working. Who owns the copyright of the resulting work is one of the most important clauses of a work contract.
If you have full ownership of all the code in the project, you can use whatever license terms you like.
If you have used 3rd-party components in your project, then their licenses may restrict what license terms you can use.
In any case, if you want to use a different license than a well-known open-source license, you must consult with a lawyer. Licenses are legal documents and should be written by a legal professional if you want to be sure that the terms are enforceable.