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Re: Intellectual Property Rights (IPR)

From: Stephanie Tuggle <stephanie_tuggle_at_yahoo.com>
Date: Mon 23 Oct 2000 20:03:35 -0500

Martyn,

Regarding the following question about the ISP owning
the Intellectual Property Rights of your client's
website code as you stated,

MARTYN EMERY <martyn_emery_at_hotmail.com> WROTE:
> A recent attempt to move their website to a new ISP
> and designer team has been temporarily blocked. The
> proviso being that the original ISP claimed IPR on the
> website code and the incremental changes that have
> been implemented at the client's request

The answer is fairly clear;

Did your client pay for their services? If so, your
client owns the code. Regarding the "brand", did your
client pay for the concept of the brand? If they did
not pay for these services, or if there is an
arrangement of payment for future revenues, then the
ISP design team may have something to fight for
regarding the intellectual property. If they were paid
for their services, then they have no claim to that
work. It was "bought and paid for" and therefore they
no longer own their work.

The most popular example of this was at 3M when the
engineer invented the paste for the post-it notes. He
invented it while he was working for (and being paid
by) 3M and therefore, 3M owns all Intellectual Property
Rights (and therefore the invention).

We provide contract work all of the time and in no way
do we own our client's web site, software code or ideas
that we have sold to them.

Hope this helps.

Stephanie Tuggle
On-Line Marketing Services





Received on Mon Oct 23 2000 - 20:03:35 CDT


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