Forum Moderators: not2easy
I would recommend that you be a professional, and just let the client go.
I can't count the amount of work we've gotten because of people that refuse to release a web design that have already been paid for, or to transfer DNS for a domain that they registered on behalf of their clients.. Don't be another one of those people..
Work for hire equates to an "employee" status and that isn't the default, it has to be specifically designated as such. The client has no copyright privilege unless it's specifically turned over in writing.
Google search [google.com]
Yep, these things need to be thought out in advance - like what if you had decided you wanted out of dealing with this client, which definitely does happen.
Best thing IMHO is to maintain good faith and a good relationship (i.e. to continue to use in portfolio and get references) and let it go without a fuss, though I'd think about hesitating to *officially* turn it over. In case he does any unwarranted back-stabbing in future, just letting him unofficially continue to use it maintains leverage on your part.
Best to consult an intellectual property attorney on the matter, but watching out for your back is a high priority.
Some web designers would argue that the finished work displayed on the site in form of jpgs and gifs belongs to the customer but that the original png or psd files used to create them remain the property of the designer, unless otherwise specified.
If your successor is incompetent or lazy, you may well be getting a call asking for the originals - thus it is always good to have this area specified in advance to avoid disputes and possible legal proceedings.
Oh, there have been known to be cases where a client turns a work over to another "designer" for maintenance for a flat fee of $30 a month including hosting and unlimited updates with no limitations. And the nephew in his bedroom charges less than that sometimes, or nothing at all just to have a portfolio and reference to get started out with.
And either one could then put their own name on the site as being the creator and take credit for it. Bottom line rule is stay sweet and CYA.
The original creator owns the graphics, and all rights including the rights to any further derivative works.
I would never sign an agreement with a graphics designer that gave them rights to the work they create.
If I hire someone to do some work for me - then I own the results, not them.
I would never sign an agreement with a graphics designer that gave them rights to the work they create.
You don't have to sign an agreement that gives them the rights. They already have those rights.
What you need to do is make sure the agreement transfers those rights to you.
You don't have to sign an agreement that gives them the rights. They already have those rights.What you need to do is make sure the agreement transfers those rights to you.
Obviously a written agreement needs to be made to protect both parties.
But sweeping legal generalizations should be avoided.
If the company plays a role in specifing what the images should be then a joint copywrite might exist. (see "CCNV" v. Reid)
Do the images contain Trademarked words or graphics?
Could the graphics be considered a 'contribution to a collective work' or part of a 'audiovisual work'? If so then the designer might have no rights to them.
Did the website designer sign a work for hire agreement but sub-contract out the graphics where there was no such agreement? If so there could be a big mess.
As far as the original question goes did the customer play a role in the look and feel of the website design?
Who wrote the content? The OP might own the design of the website and how the content is displayed but might not have the copyright to the content itself.
Things like this is why there are a lot of lawyers in the world.
Andy
