Re: Who Owns the Pages?
From: MD Websunlimited (none_at_none.com)
Date: 11/12/04
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Date: Fri, 12 Nov 2004 10:17:36 -0600
Don't forget good will. It can pay you back many times over.
-- Mike -- FrontPage MVP '97-'02 J-Bots 2004 Released Special Pricing http://www.websunlimited.com FrontPage Add-ins Since '97 FP 2003 / 2002 / 2000 Compatible "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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