Re: Copyright curiousity

by "Mike Kear" <choicemag(at)hotmail.com>

 Date:  Thu, 23 Mar 2000 13:01:30 EST
 To:  benrusso(at)idirect.ca,
hwg-techniques(at)hwg.org
  todo: View Thread, Original

The copyright symbol does nothing at all, except tell people that you know 
about copyright.  There is no need to register anything in order to have 
copyright.

note this well, people:  WHEN YOU WRITE SOMETHING, IT IS COPYRIGHT 
AUTOMATICALLY.   Just the mere fact of your uttering something (either by 
drawing, writing, speaking it) makes it copyright.

Of course, then you have to be able to defend your claim that you wrote 
something before that other person did.  That's why there are systems to 
register copyright.  It doesnt GRANT you a right, only DOCUMENTS the already 
existing right.

Therefore .... unless you are an employee of the company, the right to the 
site is yours.  But you should always have it in your agreement when you go 
ahead on a site who will retain the rights.   Since it's your creative work 
(and assuming you're not an employee with this) it's your copyright and you 
can sell it to the client or not as your choice.

But there will almost certainly be tears before bedtime if you haven't got 
it all spelled out before you start.  Make sure you agree.  And make sure 
you agree on exactly what it is you're selling .... a license?  the right to 
the content only and not the structure?  the look and feel?  the perl 
programs?

Here's what I do ......


The client normally does the writing of content, and give me the logos, 
photographs etc, so that's his anyway.  So I state in my letter of offer or 
agreement or whatever, that the copyright on the text and graphic content 
will be the client's - and any alterations or new graphics generated 
specifically for him on an indefinite license included in the design fee.  
And graphic content bought or licensed from a third party will be licensed 
as per the owner's conditions.  But the rights to the structure and the 
background programming remain with me and the client has an indefinite 
license as long as they continue to use the site and I am maintaining the 
site. (So if they get someone else to do the site, those parts revert to me 
and they have to write their own scripts etc)

This approach means I have some proprietary interest in the site.  They 
can't just get someone else to take over the site without doing any work on 
it.  And I can re-use my work on other sites without problems.   Naturally, 
I wouldn't reuse the graphics anyway, so it doesnt matter that I dont have 
the rights to them.  (I develop original graphics for each site always).

Hope this helps you.

Cheers,
Mike Kear
AFP Web Development
Windsor, NSW, Australia
http://www.afp.zip.com.au




>
>Hello!
>This is not html related, but I've noticed a lot of people are 
>professionals
>and know the business, so what the heck...
>When you finish a clients web design project, what do you do about
>copyrighting?  On my page I currently have that small print copyright
>notice, but is it right to put it on the client's site?  I hope you get 
>what
>I'm trying to say, because the way I just said it makes me look stupid...
>: )
>
>Thanks in advance
>Ben
>

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