Who is the owner of software?

Software is not merely a technical product; it constitutes a form of creative expression.
Every line of source code is the result of choices, insight, and originality. For that very reason, software may be protected under copyright law. In practice, however, disputes frequently arise regarding the ownership of software: does it belong to the developer who created it, or to the client who paid for its development? This makes it appropriate to reflect on the relevant court decisions rendered in 2025.

What does copyright law say about software?

Under the Dutch Copyright Act, the creator of a work is, in principle, automatically the copyright holder. This also applies to software. The person who writes the source code therefore holds the exclusive right to determine who may use, modify, or distribute the software. Only in exceptional circumstances does this right transfer automatically, for example where the software has been developed by an employee in the course of employment. In such cases, the copyright vests in the employer.

In assignments outside an employment relationship, such as engagements with freelancers or collaborative arrangements, the copyright in principle remains with the developer. This changes only if there has been a clear and written transfer of rights. The mere fact that a party pays for the development does not mean that it acquires ownership of the source code.

What does the case law of 2025 demonstrate?

The decisions handed down in 2025 illustrate how frequently uncertainty regarding software copyright leads to legal disputes. In proceedings between NScale and Eliovp & Wolker, the Amsterdam District Court held that the developer remained the copyright holder, despite the fact that the client had financed the development. Without a deed of assignment, ownership cannot be transferred; payment alone is insufficient.

A similar situation arose in a case involving the Municipality of Purmerend. In that regard, an Excel program was developed by an external party. The municipality assumed it could freely use the software, but the court ruled that only a right of use had been granted, not ownership.

In Dassault v. Hooks, Soopl and Soohoo, copyright became a central issue. This case concerned the unauthorized use of SolidWorks software. The court held that the use of illegal license keys constitutes not only a breach of contract but also a direct infringement of copyright.

In World Freight Company v. Euro Cargo Aviation, the dispute concerned the right to inspect source code. The Court of Appeal acknowledged that source code qualifies as a copyright-protected work but ruled that inspection may only be ordered where it is strictly necessary to prove an infringement.

Why do these disputes arise?

Almost all software-related conflicts arise from unclear or absent contractual arrangements. Developers often assume that, as creators, they retain ownership, while clients believe that payment automatically confers ownership. Although both perspectives are understandable, from a legal standpoint the developer, as contractor, generally holds the stronger position.

In addition, modern software projects raise new issues. Software is rarely developed only once; it is often further developed, reused, or integrated into other systems. This blurs the distinction between existing and newly created source code. The increasing use of artificial intelligence in software development further complicates the question of authorship, thus copyright protection.

What can developers and clients do?

The key lesson from recent case law is that clear contractual arrangements are indispensable. Developers should ensure that their agreements specify precisely what is delivered and which rights they retain. Proper preservation of source code and documentation is essential to demonstrate authorship at a later stage.

Clients, on the other hand, should not only pay for the software but must also explicitly stipulate the transfer of copyright if they seek full control over the product. Such transfer can occur only through a specific written deed. It is equally advisable to clearly define the scope of the licence: may the software be modified, reused, or resold?

He who writes, owns

The case law of 2025 confirms a long-standing principle: copyright in software rests, in principle, with the creator, unless it is transferred in writing. Software is therefore not automatically owned by the party that pays for it. Only clear and carefully drafted contracts can prevent a technical collaboration from escalating into legal conflict.

In an era in which software forms the backbone of almost every business, knowledge of copyright law is not a luxury but a necessity. Anyone who develops software or commissions its development would be well advised to establish the legal foundation with the same care as the technical one.

Hereby the blog in Turkish.

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