Forum Moderators: open
Case2 - The other case is say if I put one advert page in this website about my services and give 2-3 diffrent page links from that site to our site then is it a spam?
Case3 - If I put links of all my clients on each others site saying that this websites where made by our company thus cross promoting each other. Then is this a spam?
Web Site Elements: Subject to the following, all Intellectual Property Rights, Titles and Interests in and to the Web Site Elements developed by the Developer are and shall remain the Developer's exclusive property and Developer hereby grants to the Client a non-exclusive, royalty-free, worldwide, perpetual license to use the Intellectual Property Rights, Titles and Interests in connection with the Web Site.
User Licence: Upon payment of the price of the Developer's Services and all additional services required after the signing of this Agreement, and upon reimbursement of the expenses incurred by it, the Developer shall grant to the Client a royalty free, perpetual, universal, non-exclusive and non-transferable licence allowing the Client to use, reproduce, modify, publicize, distribute, sublicense and translate the Web Site Elements and all Intellectual Property Rights, Titles and Interests developed by a third party and incorporated in the Web Site. Therefore, the Client shall not acquire any Intellectual Property Right, Title or Interest prior to payment for the said Services and reimbursement of the said expenses.
References to Intellectual Property Rights and Credits:
References to intellectual property rights and credit for development of the Web Site by the Developer shall comply with the Specifications.
However if only for the benefit of other readers "the only "LEGAL" way to do it" is not a correct assertion.
The issue is in the detail of the contract you enter into with your client about all the various rights pertaining to the work and who gets them who pays for them, how they pay for them, and what the parties understand as to their meaning etc.
There are many "legal" ways of doing business and agreeing contracts.
The way we do the business is the only "LEGAL" way to do it.
jady, while the way you are doing business is perfectly legal, the above statement is absolutely untrue.
Its not the way "I DO BUSINESS" - however it is the correct way to "HANDLE COPYWRITE LEGALITIES"...
First of all it's copyright not copywrite.
Copyrighting protects you legally. Copywriting is what a professional copywriter does. ;)
It is an absolute myth that if it doesn't have a copyright notice, it's not copyrighted.
In days gone by this was true, but presently almost all major nations observe the Berne copyright convention. To illustrate this point further... In the US any original works created privately after April 1, 1989 are copyrighted and protected even if there is no copyright notice posted. (provided of course that they are a work which falls under copyright laws)
Posting a notification can strengthen the protection by providing a warning, and in the event of a dispute, may allow for different and additional damages, but it is not necessary to retain your legal rights.
Furthermore, it is entirely up to the individual as to whether or not they want to retain intellectual property rights for their contracted work.
As Mark pointed out, he is comfortable transfering all rights to his client. That's his prerogative, and is not at all uncommon in many business sectors.
If you want to learn more of the facts surrounding copyright legalities I'd suggest some reading here...
What is Copyright Protection? [whatiscopyright.org]
Ten Big Myths About Copyright Explained [templetons.com]
US Copyright Office [loc.gov]
University of Texas Copyright Crash Course [utsystem.edu]
Happy Holidays
Dante_Maure how would you officially copyright a page.
Taken directly from the U.S. Copyright Office [copyright.gov]...
HOW TO SECURE A COPYRIGHTCopyright Secured Automatically upon Creation
The way in which copyright protection is secured is frequently misunderstood. No publication or registration or other action in the Copyright Office is required to secure copyright. (See following Note.) There are, however, certain definite advantages to registration. See "Copyright Registration [copyright.gov]."
Copyright is secured automatically when the work is created, and a work is "created" when it is fixed in a copy or phonorecord for the first time. "Copies" are material objects from which a work can be read or visually perceived either directly or with the aid of a machine or device
But their site, that I have found at least, doesn't explain where site design and content would fall, and how to get the registration.
Site design and content follows the "computer program" critera, and just like music would be registered with the Library of Congress.
Here are the "Special Deposit" requirements for computer programs:
If the work is an unpublished or published computer program, the deposit requirement is one visually perceptible copy in source code of the first 25 and last 25 pages of the program. For a program of fewer than 50 pages, the deposit is a copy of the entire program. For more information on computer program registration, including deposits for revised programs and provisions for trade secrets, request Circular 61, "Copyright Registration for Computer Programs."
note to moderators: As a public institution, the U.S. Copyright Office does not grant or deny permissions for the re-publication and fair use of it's educational documents. So there's no need to worry about copyright infringement with the above quoted material.
