Copyright Legal Action

over new web site using original flash.

[promar]

It would be great if you could share your experience and opinion on the following situation.

A client approached Company B with a request to re-build and market its web site developed and optimized by Company A. Client wasn't happy with the results, but moreover with the services provided by Company A.

Company B re-designed the site: absolutely new code, CSS, different layout, etc. However, due to the client's request, Flash originally developed by Company A remains part of the new site.

The client was approached by Company A suggesting that a legal action may be initiated for breaching the copyright and using the Flash.

Do you think there are any grounds for legal action?

If the client has paid for the original web site in full, does it mean that all codes, images, flash, etc belong to the client?

Thanks.

[BaseVinyl]

Depends on the contract that was signed...if a company is threatening legal action over a flash file then they probably have a legal team anxious to make some money...it sounds like a desperate attempt at a scare tactic...if the "trademark dummy" were involved as your legal counsel she would laugh them out of court...but it depends,,,,

[vincevincevince]

Whether the flash belongs to the client or not is immaterial. In supplying and being paid for the work Company A has granted implicit license for that flash work to be displayed on that website indefinately. If the flash itself was modified then there might be a hint at it being a derivative work but I doubt it would be enough for any judge to go in Company A's favour.

Flash is an embedded multimedia object and is distinct from the rest of the HTML on the page. Objecting to its being reused on the same page is like claiming copyright infringement if the phone-number is changed.

Another point - what does the copyright statement on the site say? If it says it is copyright 'the client' and that statement was uploaded by Company A, or not objected to by Company A, then it certainly puts 'the client' on firm ground.

_{Disclaimer: I am not a lawyer but I see no reason why I shouldn't give you the best advice I have available or add disclaimers.}