Re: Intellectual Property Rights (IPR)

From: Henry McArthur <elmundox_at_yahoo.com>
Date: Fri 27 Oct 2000 12:28:51 -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:
> The answer is fairly clear;
>
> Did your client pay for their services? If so, your
> client owns the code.

Since I just joined the list, I'm coming into the
middle of this thread, so my apologies if I'm
repeating previous posts...

Is there a written contract between your client and
the ISP? If so, does it state that it is a "work made
for hire agreement"? Otherwise the client may have
only paid to license the use of the website.

I'd suggest reading some of the articles on attorney
Ivan Hoffman's site at
http://www.ivanhoffman.com/web.html

in particular "Who Owns the Copyright In Your Web
Site?", "Some Key Points In A Web Design Contract,"
and "Work Made for Hire Agreements."

H. McArthur





Received on Fri Oct 27 2000 - 12:28:51 CDT