I think a good argument could be made that you were paid to create a
website, and that the client "purchased" it.  Since they purchased it,
they can do whatever they want.  Liken this idea to buying a car.  If
you buy a a a car from a dealership, you can do whatever you want with
the car, including selling it, even if the dealership provides all of
your maintenance work.  Carrying this analogy further, what would happen
if you leased your car from the dealership?  At that point, you have
some freedom, but ultimately control is retained by the dealership.  In
about half of our business relationships with clients we sell them the
code/site, and the other half we lease them the site and its
functionality.  Just like with cars, leasing is an attractive option to
the client because it lowers their upfront cost, but we again ultimately
control the code/site.

Just my $0.02.

Regards

Jeremy Brown

-----Original Message-----
From: owner-hwg-business(at)hwg.org [mailto:owner-hwg-business(at)hwg.org] On
Behalf Of dale
Sent: Tuesday, October 22, 2002 9:38 AM
To: hwg-business(at)hwg.org
Subject: Website ownership

Hi,

I created and have been maintaining a website for the past couple of
years
for a client who does condo rentals.  He recently sold all his condos,
and
he asked me to disable the site temporarily, but leave the files intact
in
case he wants to sell the website to the new owner.  I am curious about
who
actually owns these files and if he is really legally able to sell the
website to someone else.  I have no contract with this man except for
verbal
agreements; we have nothing written down.  On one hand, you could assume
that the website is like any other creation, like a painting or a song,
and
whoever buys it then has the right to do with it as he pleases.  But on
the
other hand, you could say that my client was only paying me for my time
and
services, and if anyone should make a profit off of selling the website
to
someone else, it should be me - I would again provide a service to the
new
owner.

I am really only asking this question for future reference, since not
having
a written contract covering this situation I don't think I can honestly
and
in good conscious try to keep my client from selling the website to the
new
condo owner.  I would like to hear anyone's experience in this area, as
this
is the first time I have dealt with something like this.

Thanks!
Dale Worley
Imagine Computer Services
Website Design and Hosting
PC and Network Support
256-604-9712
www.imaginecomputerservices.com

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