Re: Who Owns the Pages?

From: Murray (forums_at_HAHAgreat-web-sights.com)
Date: 11/12/04 

Date: Fri, 12 Nov 2004 09:08:47 -0500

Nicely analyzed. I agree completely with this approach.... 

-- 
Murray
"Peter R. Fletcher" <pfletch(at)fletchers(hyphen)uk.com> wrote in message 
news:jac9p0tv21qqkviq0d7r8nbql7572c4n49@4ax.com...
> Disclaimer: I am not a lawyer - just a reasonably knowledgeable
> layman.
>
> In general, under US and UK law, if you are commissioned and paid to
> produce something (whether this be an armchair, a book, a website or a
> work of art)  by and for someone else, it is presumed to be a "work
> for hire", and all rights in it pass to the person who ordered it when
> you deliver and are paid for it. This presumption can (again
> generally) only be reversed if there is  proof of an explicit
> agreement between the parties to the contrary.
>
> On the other hand, once you have delivered a "work for hire", you
> don't (again unless there is an agreement to the contrary) have any
> further responsibility for it. In this case, you would have been
> perfectly at liberty to delete all your source material when you
> ceased to be responsible for the site. Indeed, it could be argued that
> you _should_ have done this. Given that you apparently didn't do this,
> I believe that you have a perfect right to expect your acquaintance to
> pay your reasonable costs for documenting (if necessary), assembling
> and sending the material to the new Webmaster, as well as paying you
> for any time you may subsequently spend corresponding with him/her
> about it.
>
> Ultimately, if we are talking about half a dozen pages with as many
> images that you can zip and put on a disk (or send by email) without
> expending much time and effort, then it probably makes sense for you
> to do just that and make a mental note that your acquaintance "owes
> you one". If it was a complex, 200 page, site, then I would say that
> you are entitled to some payment for resurrecting a copy and sending
> it on.
>
>
> On Thu, 11 Nov 2004 14:09:45 -0800, Paul Fenton
> <pfenton@plgassociates.com> wrote:
>
>>Some time ago I created a website for an acquaintance and was paid for
>>the work and maintenance while it was active.  After a few years, he
>>shut it down, but kept the domain name.  He now wants to re-activate
>>the site and wants me to send the original pages, graphics, etc. to
>>his new webmaster.
>>
>>Although I placed a copyright statement on the site, I never actually
>>copyrighted it and there was no written agreement between me and him.
>>
>>The question is: Who owns these pages?  The client who paid me for my
>>work or me, who created the original work?  Or does it come down to
>>whether or not I want to be a nice guy and maintain a friendship by
>>sending the pages as he's requested.
>>
>>Just wondering how you pros would handle this situation...
>>
>>
>>
>>Paul Fenton
>>pfenton@NOSPAMplgassociates.com
>
>
> Please respond to the Newsgroup, so that others may benefit from the 
> exchange.
> Peter R. Fletcher

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