RE: To give up copyright to client or not
by Ivan Hoffman <ivan(at)ivanhoffman.com>
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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 |
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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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