Who owns the code of a website/software?

This may seem strange to some, but legally, computer code is considered a "work of the mind," and it is therefore subject to copyright.

To make it easier to understand, imagine code as a novel or a piece of sheet music!

But then, who owns the code developed for a company? It depends on the relationship between the developer and the company in question!

For employees

The law states that any software designed by an employee in the course of their duties, or at the request of their employer, belongs to the company through automatic transfer of economic rights (art. L.113-9 of the Intellectual Property Code).

One might then think that all code produced within a company belongs to it, but as with any legal text, you have to know how to read between the lines.

Since by default a work of the mind belongs to its direct creator (the developer), if the slightest detail contradicts the text above, the automatic transfer of rights could be called into question.

A project manager who took the initiative to develop a tool to facilitate an internal company process could most likely assert their intellectual property rights, given that they were not hired to write code.

The only option to guarantee 100% the transfer of rights over a software production is therefore to spell it out explicitly in the employee's employment contract.

For others (freelancers, contractors, interns, etc.)

As mentioned above, intellectual property belongs by default to its creator, except for the special treatment given to employees (and only that status). This means that if you collaborate with a company as an external contractor, or even as an intern, then ownership of your creations belongs to you.

In short, you legally have the right to resell your code to other companies, for example.

Contracts may include a transfer of rights, or these rights may also be sold exclusively to the company after the fact.

There are some legal precedents, such as two co-founders of the same company who do not enjoy the same rights over their productions, as in the Tridim company case that occurred in 2015.

Conclusion

In summary, if you are an employee, then the intellectual property of your creations belongs to the company (except in special cases), but if you are an intern or an external contractor, then you remain the owner of your creations (except under a specific contract).

Moral of the story: always read the content of your contracts, it can have an impact on your work!