did a website and owner now wants to replicate

[lambi2001]

Hi there,

I would be happy if somebody could give me some advice here:
I developed a website for a client, mainly PHP/Mysql work. Not a huge deal, project was worth less than 200$.
Client is a freelance journalist and uses the site for his work.

Now he writes me an email saying that his superiors like the site very much and would like to own/replicate/sell it.
I have a friendly relationship with him and he is asking if thats OK.

Basically I was thinking that there is not much I can do.
I sold the site and the code to him and he can basically do with it what he wants, right?

 

[Sheco]

Perhaps they would allow you to add a logo or link to the bottom of the website that promotes your website design business.

 

[sleipnir214]

It depends on where you are, but in the U.S. if you produce a work for money, the person paying the money owns the work. So his question to you was a request for a blessing of the sale in order to secure a personal relationship, not a request for permission to make the sale. If all this transpired in the U.S., you have no legal standing.

I would do as Sheco advises and as as a personal favor that your client, when redistributing the software place a notice as to who wrote it for them. And be prepared to accept a "no" gracefully.


Want the best answers? Ask the best questions! TANSTAAFL!

 

[smah]

I too think that your customer can do as they wish, but the fact that they aproached you about it is a good sign. I like the link idea. You could also try to get a small commission from every sale. You could reply with something like 'Because you're a good client and [fill in the blanks], I will gladly agree to the resale proposal if a small link for my design service is added & we agree to a [whatever small percentage] commision of each sale.'

Then, if they are a little receptive, you get some negotiation room about the percentage and/or link arrangement. But like the others have said, I really don't think that they are under any obligation do to either.

 

[Sheco]

Did you do the work for $200 because that is your standard rate or is your normal rate much higher and you did it for $200 as a favor?

 

[lambi2001]

Thanks for all the replies, I am getting some ideas...

@Sheco: My normal rate would be a little bit higher. I had a big project with the same client before, so it had some 'favor nature'.

 

[chiph]

I agree: They paid for it, they own it.

But, since they're asking you, here's your chance to:

1. Tell them they own it, but you're willing to help them customize it to suit their needs at your regular rate (+/- discount)

2. Tell them they own it, but you'd be appreciative if they put some branding on there for you in an inconspicious place.

Chip H.


____________________________________________________________________
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[aarenot]

the ownership is a negotiable term of the sale. if you specify that replication, or distribution for profit will incur an additional fee in the future, you can contractualy collect. if you get paid by the hour, they own it, if you sell it by contract, you can stipulate distribution, and replication terms.
it can get a bit stricky though, i would let them have it for free, and offer to customize it, and maintain it for a very small fee.

You do not always get what you pay for, but you never get what you do not pay for.

 

[GlenJohnson]

I'm with chiph. It's there's, so just say, "Hey, you own it, have fun. Just remember if you need some tweaking or or repair, I'll be available. Don't forget to tell friends where it came from."

Glen A. Johnson
If you like fun and sun, check out Tek-Tips Florida Forum

 

[aarenot]

after re-reading your post. the people who wish to own, replicate, or sell it do not own it. the person who would own it if he paid you for your time to develiop it would be the 'freelance' writer. he could sell it to them, and or recieve a commission on its reproduction. if he is truly freelance, they do not have the right to use it as requested without his permission, and he can require payment. i would discuss that with him, and let him know that you can provide him the services to tweak or adapt it, since if anyone, he owns it, not his 'superiors'

in the future , if you want to get paid for reproducing or distribution, put it in a contract, with terms.





You do not always get what you pay for, but you never get what you do not pay for.

 

[aarenot]

http://www.donahue.com/IP-Sign X.htm

i can not say i am qualified to give legal advice, or state the validity of the inof on this site, but i think it is worth a read.