RE: To give up copyright to client or not

by Ivan Hoffman <ivan(at)ivanhoffman.com>

 Date:  Thu, 27 Sep 2001 07:35:46 -0700
 To:  Thilo =?iso-8859-1?Q?M=FCller?= <thilo(at)worldonline.co.za>,
<hwg-business(at)hwg.org>
 References:  sympatico
  todo: View Thread, Original
At 02:51 PM 9/27/2001 +0200, Thilo M=FCller wrote:

>Here is how I've tackled the problem in my contracts.
>
>"Copyright and ownership to the finished assembled work of webpages=
 produced
>by {Company} is owned by {Company}. Upon final payment of this contract,=
 the
>client assumes ownership and copyrights to the design, graphics, and text
>contained in the finished assembled website. Rights to photos, graphics,
>source code, work-up files, and computer programs are specifically not
>transferred to the client, and remain the property of their respective
>owners. {Company} and its subcontractors retain the right to display
>graphics and other Web design elements as examples of their work in their
>respective portfolios."


Quite a confusing mess.  First it says that the client gets to own=20
"...graphics..." but then it says the client doesn't get to own=20
"...graphics..."

What is the difference between "finished assembled website" and the=20
components of that website?  How can a client own rights to a finished=20
assembled website without owning the components thereof?

And what about the rest of the agreement?  One clause is not an=20
agreement?  What other provisions are related to this one?

It is certainly not my recommendation that a designer give up copyright in=
=20
the initial negotiation.



>I Can't remember where I got this


Ah the great cut and paste disaster.

IVAN HOFFMAN, B.A., J.D.
Attorney at Law
Lawyering With Integrity
Internet Law, Publishing Law, Copyrights, Trademarks, Corporate Training=20
and Online Education Law, Web Design Law, Music Law.  *A 6 Times Award=20
Winning Site.* http://www.ivanhoffman.com

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