Updating/expanding a site design that isn't mine

Copyright issues?

[ac112]

A prospective client has an existing site, the original designer is no longer in the picture.

The client wants me to create a new section on the site using the same style established on other sections of the site. Each section currently has original artwork (4 seasons themed designed in a similar style), not just one site template repeated across sections.

Without a contract giving the client the rights, does the original designer maintain the copyright? Even if it is no longer their site, by emulating the existing style would I not be creating a derivative work?

[vincevincevince]

I think it depends upon the terms issued by the original designer, and who holds the rights to the artwork. If the artwork rights have been transferred to your client, then your client is well within his or her right to grant you permission to use them, as he or she seems already to have implicitly done.

[ac112]

Thanks vince. From what I understand, the client does not technically have the rights (no terms or contract which trasferred them). If I (or any other designer) play by the rules in this case, is the client basically stranded with the site if her old designer won't touch it or give up permission?

[vincevincevince]

Perhaps as the client has been delivered a website, adding new pages in the same style is not creating a derivitive work, but is just standard operation for any website?