Sourcecode ownership

[surveynet]

HI all. I've just got a new client who needs maintenance services for his website/s. The thing is that his websites had been developed by another web developer but since he was ripping him off, client decided to deal with someone else. The problem is that the website contains a lot of flash content which obviously can't be modified or updated without having the source files avaialble. The original designer is reluctant to provide client with source files as he claims he is the righful owner. However, no agreement or contract had been signed between the 2 parties.

Can you please tell me if there is any legislation that clearly defines whether the source is the copyright of the designer or of the client since he paid for it?

Thanks a lot.

 

[viol8ion]

You are getting into gray areas here. If no contracts were signed to say otherwise, the creator generally owns the source under copywrite laws. The website owner bought the finished product, not the source.

When in doubt, deny all terms and defnitions.

http://www.wuli.com

 

[BabyJeffy]

Please let us know what country this scenario is in. Different laws apply (I'm imagining) depending on the country. Also... were both parties in the same country (in the same State if the US)?

I'm *very* interested in the result of this thread.

My personal thoughts are that the flash source files belong to the developer (unless a contract granted them to the client - which you already said didn't happen). The client has contracted, say, a website to be delivered to a certain specification... this doesn't cover the source for flash files etc, but *would* require the source for, say, the ASP or PHP files.

Jeff

 

[viol8ion]

In the states, developers fall under the same category as artists... if I paint a painting and sell it, the new owner only has the right to display the image. They cannot legally photograph or otherwise reproduce, let alone sell copies of it.

In this case, it may get more sticky. The website owner purchased a design, and of course they cannot resell, but it can be tricky knowing if they have a right to access the source to modify.

Any advice you get here will be mostly conjecture, I think, unless someone who knows copyright law interjects.

When in doubt, deny all terms and defnitions.

http://www.wuli.com

 

[YNOTU]

faq253-3209

 

[surveynet]

Both the developer/ designer and client are from Malta, Europe.

 

[AMysticWeb]

Hi surveynet,

I am not a copyright expert myself.

It is my understanding however that posting content to the general public (the internet being public) without a copyright statement on the website (either in page view or HTML), would make the content property of public domain. Public performance of an uncopyrighted song for instance would fall into this category.

I didn't see any mention of copyright, other than the designer saying it is his property. So, unless the designer protected himself with an HTML statement of copyright, then it is accessible to anyone who can work with the HTML, and is no longer his intellectual property.

Of course, without any form of agreement, the designer would have no obligation to provide any files or additional help.

I did read something a while back about the posting of the copyright notice on the website constitutes a copyrighted work even though it hasn't been registered. In addition, it is also my understanding, the international copyright requires the © symbol.

BTW Thanks to DeCojute for posting the link for the cian FAQ.


Hope I have been of some help,
Micheal

FrontPage Form Tutorials & Form Script Examples

http://FrontPag.bizland.com

 

[GUJUm0deL]

surveynet, unforutnately if there were no contracts signed or anything written on paper, you can't prove one way or the other. You client can make a claim saying they hired the first web developer to create the site BUT all files would become property of the client. But then the web developer might say he was simply hired to do the site, and no mention of ownerships were discussed, therefore he (the web developer) owns them.

And legally, if nothing was written, then the web developer is the rightful owner. He just provided a service and no mention of ownership of scripts were discussed.

Tell you client instead of getting all legal, try to work out a comprimise. Its best to solve the issue before harsh words are thrown out.

And in the future do ALL business transactions on paper, always leave a paper trail (unless your Martha Stewart)

[sub]
____________________________________
Just Imagine.

http://www.imajinarts.com

[sub]

 

[viol8ion]

It is my understanding however that posting content to the general public (the internet being public) without a copyright statement on the website (either in page view or HTML), would make the content property of public domain."


In the USA you do not need to post any copyright statement. The creator of content owns the copyright, and anything posted publicly is assumed to be copyrighted.

When in doubt, deny all terms and defnitions.

http://www.wuli.com

 

[surveynet]

thanks for your help guys

 

[viol8ion]

Of course your best bet is to talk to an actual patent attorney, they would have a little more epxertise than anyone posting int hsi forum!

When in doubt, deny all terms and defnitions.

http://www.wuli.com