Re: Intellectual Property Rights

From: Brigitte M. Botnick <Rainbow_Wolf_at_bigfoot.com>
Date: Thu 02 Nov 2000 15:34:33 -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.

MARTYN EMERY <martyn_emery_at_hotmail.com> WROTE BACK:
> Whilst the UK client did pay for the original code, one
> of the factors I have recently unearthed, which went
> against the client was that they signed an initial
> contract that specifically had a clause about
> Intellectual Property Rights.

Unfortunately, there are quite a few ISPs and designers
who use clauses like that to trap their clients.
Always read the fine print. Most ethical designers
assign all rights to a site to the client after the
work is completed and paid for. In essence, it is
treated as a *work for hire* assignment. There are
legitimate exceptions, of course; for example, if stock
graphics are used, the client would not receive all
rights to them; or third party scripts; anything that
wasn't written or designed specifically for that site.

Despite the complexities as to what is and isn't
assigned in a particular case, why cause bad feelings?
What is really gained by forcing a client to stay where
they aren't happy, for whatever reason? Is that really
good business practice? One of my design clients
recently switched hosting, and we had to make sure the
transfer was complete before he notified the previous
host because he was concerned the other host would be
vindictive and disable the site immediately if he found
out in advance. To me, that's utterly absurd and no
way to do business.

Brigitte Botnick

FAUNA ART STUDIOS -- Web Design, Hosting, Fine Art
http://www.fauna-art.com +++ http://www.fauna-art.net
Art Gallery +++ http://www.fauna-art.net/Gallery





Received on Thu Nov 02 2000 - 14:34:33 CST