(C) issue - advice

[RFH Reseller: ukprohosts]

Hey guys,

Questions.

We built a site for a client, designed the logo, buttons etc etc. He has now jumped ship to another ISP but has copied the site (via a browser) and the code by viewing source and has now uploaded it somewhere else. Not written permission was given.

Now, whats the position here. When a wedding photographer takes pictures for you he retains the (c), so taking the negs down to Boots would be illegal.

Does the same thing apply here ? I am about to email the new ISP to complain about illegal material on their server but not sure if thats the case or not.

Kenny

[RFH Reseller: spire128]

We my understanding is that if no agreement to the
contrary was in place then the copyright of the code will be yours.


Looks like perhaps he never intended to pay.

[RFH Reseller: Shiven Rabadia]

It all depends on the agreement, like spire128 said.

If there was an agreement that you would design and develop a website for the client for X amount, and that amount was paid in full then there may be little ground to stand on. Since the client has upheld their part of the agreement and paid the sum. Unless there was an condition which was agreed that the website can only be hosted on your service. If nothing is stated it is sometimes assumed that the site will be built and handed over to the client for their use, - unless it was all sold as a single package.

As far as I am aware... if no transaction has taken place then the party which generated the work retains the copyrights. Although you should look at the Work For Hire exception, which states that if someone was hired (employed) to carry out work then the employer (aka the client in this case) automatically has copyrights.

The basis of copyright is very unclear on these situations so it's always good to have agreement in place. It is often useful to treat your design and hosting as two separate agreements. One an agreement to build the site for X amount. And another to host the site for X amount.

Not sure how useful that was, hope it helps.

[RFH Reseller: askjim]

Did the site you built go live?

Does it have any server side functionality?

Have you recieved any payments?

[RFH Reseller: ukprohosts]

Hey,

Site was built, went live years ago and was paid for. I was sure the payment didnt matter. You ask a wedding photographer to cover your wedding and pay him - he still retains the (c). Was hoping the same was true of graphics etc.

Its a crappy site we built 8 years agao but was meant to be hosted on our server.

Cheers for comments so far.

Kenny

[RFH Reseller: askjim]

Could I ask a further few details some of which you may not want to post on the forum and maybe better to private message:

how much was the site build
how much spend has been committed to the site over the 8 years
how much monthly income do is generate for you

did you have a contract covering the site build
do you have a hosting contract for the site

the question is who actually owns the site, a customer paying you to build the site could also be purchasing ownership of the materials produced or you could have stipulated that you are the owner.

http://copyrightservice.co.uk/protec...sign_copyright