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What is the industry standard?

When it comes to owning the copyrights to the webpages

         

LABachlr

6:17 am on Mar 17, 2006 (gmt 0)

10+ Year Member



I was wondering what the industry standard is when it comes to the ownership of the copyrights to the webpages. I grabbed a contract off of the net, and am amending it to my liking. I was wondering how to handle the following section of the contract:

Copyright to Webpages

Copyright to the finished assembled work of webpages produced by [Web Design Company] is owned by [Web Design Company]. Upon final payment of this contract, the client is assigned rights to use as a website the design, graphics, and text contained in the finished assembled website. Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the client, and remain the property of their respective owners. [Web Design Company] and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios.

I was thinking of changing the first sentence only to the following:

Copyright to the finished assembled work of webpages produced by [Web Design Company] is owned by the client.

However, if we think of a great concept while developing the site, I don't want to give the rights to that away.

Please advise.

andye

9:30 am on Mar 17, 2006 (gmt 0)

10+ Year Member



However, if we think of a great concept while developing the site, I don't want to give the rights to that away.

As far as I can see, it's one or the other: either the client owns the copyright (a 'work for hire' contract), or the design firm does. I don't see room for much middle ground.

best, a.

LABachlr

3:14 pm on Mar 17, 2006 (gmt 0)

10+ Year Member



Actually, this is what another designer told me, and I agree:

I personally do not keep ownership of the 'entitiy known as the web site' - i.e. the graphical look and design template (plus any content the client writes for it) - that is fully transferred to the client. I do, however, keep copyright to the scripts and software I create to run the site (as well as any graphical source files like PSD etc).