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copyright question

         

zxk105

3:55 pm on Oct 15, 2005 (gmt 0)

10+ Year Member



This is the scenario.......You are hired to design and develop a website for a company. You do your job and you even keep updating the site for some time after it was created. Now all of a sudden the owner hires someone else to use your code and redesign the website. Does the owner have the right to do this or can you take your code with you and say that only you can make changes becase you developed it in the first place? What are the legal rules when it comes to this kinda stuff?

Iwrite

4:22 pm on Oct 15, 2005 (gmt 0)

10+ Year Member



I am not sure, but I am sure others can say if this is right. My understanding is you cannot take CONTENT as in the written word, pictures, or anything obviously unique in terms of content; but if you saw something you liked on a website in terms of design, then you could go to 'view source' and borrow the html as long as what you then create is not the written content or a direct replica of the website; but just a borrowing of the correct code to achieve the effect. I think it would depend who owns the content as to whether they can give it to someone else to play around with.

My biggest thought is what is in the contract? Within a contract it should surely state who owns the site, the design and the content. If they bought it all from you then you signed away copyright. Good time to revise any contracts you use with a reputable lawyer?
Iwrite

larryhatch

4:42 pm on Oct 15, 2005 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



I'm no lawyer either. That said, I think it depends entirely on
WHAT was spelled out in the original contract.

You did spell all this out in advance, didn't you? -Larry

zxk105

5:29 pm on Oct 15, 2005 (gmt 0)

10+ Year Member



No contracts were formed yet that's why I am asking right now. My goal is to stay in business with the company, meaning I would like to be doing the updating and new additions. In case the owner wants to turn to someone else, do I have to give over all my work or can I say, "If I go, the website goes?" Hope I'm making sense.......

keno

7:15 pm on Oct 15, 2005 (gmt 0)

10+ Year Member



I'm no lawyer either but if nothing were in writing I would think there is little basis for a legal argument. Bedsides, it better be extremely important before you even hint at playing the legal card. Even a mention of something like that may affect your reputation in your community.

Supposing the Website owner decided to self manage the site, or assigned an internal employee. Unless you owned the site, it would be out of your control.

Now take it a step further and let’s say the employee left for better money elsewhere. The Website owner hires a new contractor because you are not available, because you are too busy to take it on.

No agreements have been written so it looks wide open to me.

One last thing, I think that generally speaking the owner owns the code if he has paid for it.

On the subject of keeping the account, all I can say is you must keep the customer happy in every way, and occasionally that is impossible to do. Let’s say the customer wants his brother in law to run the Website, well then you might have a problem!

zxk105

8:50 pm on Oct 15, 2005 (gmt 0)

10+ Year Member



Keno your answer makes a lot of sense. Thanks for the time you took to write it down and share it with me and everyone else. I'll probably end up taking that path.......Take it easy......

kaled

9:17 pm on Oct 15, 2005 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



You were paid for your time and expertise. Unless you have a contract that says otherwise, the company owns the code.

Kaled.