Re: Website ownership

At 08:38 AM 10/22/2002 -0500, dale wrote:
>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.


There are a great deal of articles on my site dealing with rights ownership 
of web sites you should read including but not limited to "The Need for a 
Written Web Design Contract" at http://www.ivanhoffman.com/written.html and 
"Who Owns the Copyright in Your Web Site?" at 
http://www.ivanhoffman.com/website.html

And of course you should clearly NEVER operate without a thorough, written 
and mutually signed web design and development agreement.  Read, among 
other articles, "Dignity for Designers" at 
http://www.ivanhoffman.com/dignity.html

This reply is not legal advice and does not create any attorney client 
relationship.


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

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