Re: Intellectual Property Rights (IPR)

From: Brad Jensen <brad_at_elstore.com>
Date: Thu 26 Oct 2000 14:26:51 -0500

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

TO WHICH STEPHANIE TUGGLE <stephanie_tuggle_at_yahoo.com> REPLIED:
> 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.

I am not a lawyer, but I have done enough contracting
to know that it isn't as simple as you seem to think.
In the USA, generally there is a presumption of 'work
for hire' in many of the situations you describe, and
you would be right. However, that is not necessarily
the case in , for example, the UK, and also in specific
situations and specific industries.

My advice is to check with a lawyer who is a specialist
in intellectual property law into he country and
industry that you are in.

In the software industry in the USA, there is a
presumption of 'work for hire'only if the creator of
the software is an employee of the firm having the
work done. If I write code for you as a consultant, I
own the code, unless I have a specific contract with
you giving you the rights to the software. Generally I
wrote code and license its use to the customer. If I
had to give away the rights to every piece of code I
write, I'd have to charge about $2000 and hour to write
code.





Received on Thu Oct 26 2000 - 14:26:51 CDT