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Transferring copyright

         

johnblack

8:34 am on Aug 31, 2007 (gmt 0)



I'm about to make an offer for a website that contains a large number of original articles by the current site owner.

With regard to ensuring that the content becomes my property what kind of conditions should I be stating when I make an offer for the site?

I just want to make sure the same articles don't pop up on a new site that's he's created a week later after I buy the old site!

Thanks

glengara

9:12 am on Aug 31, 2007 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



IMO you need to nail this down before you make an offer, what's been mentioned so far?...

johnblack

9:28 am on Aug 31, 2007 (gmt 0)



Nothing yet, I've just requested web stats to confirm traffic etc and confirmed that the current owner is the author of the articles.

glengara

10:31 am on Aug 31, 2007 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



You could ask him or just make the initial offer conditional on assignment of copyright and see what the response is, and expect to do some negotiating :-)

johnblack

10:47 am on Aug 31, 2007 (gmt 0)



Thanks Glengara, I'll add a condition to my offer requesting that he accepts that all content becomes my property on successful completion of the sale.

Will I eventually have to get something in writing from him? I just checked out some details at copyright.gov and under the section 'Transfer of Copyright' it states

Any or all of the copyright owner’s exclusive rights or any subdivision of those rights may be transferred, but the transfer of exclusive rights is not valid unless that transfer is in writing and signed by the owner of the rights conveyed or such owner’s duly authorized agent.

Is this normal practice for website content too?

glengara

11:59 am on Aug 31, 2007 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



Copyright is a bit of a minefield and specialist legal advice is strongly recommended...

Having said that make it "all content becomes my copyright", ownership and copyright are distinct claims, you can own a painting but the copyright remains with the artist...

johnblack

6:34 pm on Aug 31, 2007 (gmt 0)



Thanks for the feedback Glengara, I'll look into getting some legal advice once we get closer to (hopefully) sealing the deal.

Sorry for the delay in replying, I hit the sack after my last post.

Thanks again.

BigDave

10:33 pm on Aug 31, 2007 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



Yes, you want to get it in writing, and specify that it is copyrights tat are transferring, not "ownership" or "property"

It would also be best to specifically list the articles, just to be sure that you are not only getting a copyright on the collection.

johnblack

11:25 pm on Aug 31, 2007 (gmt 0)



Including a list of the articles in the signed agreement would be a great idea.

Thanks for that Big Dave.

Fortune Hunter

7:31 pm on Sep 3, 2007 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



I agree with others, you really need to get an attorney to help you draft an agreement, especially an attorney with copyright and trademark specialization. It is not as simple as this guy giving you copyrights, what if he has materials from others that he cannot transfer the copyrights for? You might be purchasing a site you think has everything you see included, but then find out some percentage of the material afterwards really belongs to yet another party. I would personally have an attorney help me out on this.

I would guess if you paid an attorney in this area for one hour of his time and simply asked him/her questions about how you should phrasing the deal and talking to the other party and what types of things you should be asking for you would do very well.

I did this with a web based business I was thinking of buying into several years back. I went to my attorney and paid him for an hour of time to basically tell me what I should be asking for in the early part of the deal discussion. For example, he told me to ask for a corporation structure of a closed board of only 4 members, me and my partner and the two I was thinking of joining. He said this way 3 people would have to be in agreement on something before anything could happen, which would be a much better way of protecting our interest. I would never even have thought to ask for something like this in the early discussion. Once I had all of his advice then included this in my conversation and you wouldn't believe how fast the deal fell apart once I started asking for the right stuff.

I could have done it the hard way and waited [and paid] to get an entire deal drafted and had it fall apart, which would have been much more expensive.

LawRef

6:26 pm on Sep 12, 2007 (gmt 0)

10+ Year Member



You should pay an attorney to draft the entire agreement for you. The attorney has the duty to anticipate and include provisions to protect your best interests. You will likely be unable to do this effectively. If you are so inclined, please contact me at www.lawrefs.com and I will be glad to draw something up for you.