Re: Website ownership

         Here's an excerpt from my book, "The GigaLaw Guide to Internet 
Law," published TODAY by Random House!

         "...the creator of a copyrightable work (such as a website) is by 
law deemed to be the owner of the copyright rights in the work unless the 
work qualifies as a 'work made for hire' or the creator has assigned (that 
is, transferred) its rights in writing to someone else (such as the 
company)."  (p. 281)

         To learn more about the book from which this quote is excerpted, 
see http://www.GigaLaw.com/guide

         To learn more about copyright ownership issues, see this page on 
the GigaLaw.com website: 
http://www.gigalaw.com/articles/copyright-ownership.html

Doug Isenberg
Attorney at Law
Editor & Publisher, GigaLaw.com (http://www.GigaLaw.com)
Author, "The GigaLaw Guide to Internet Law" (Random House, October 2002) 
(http://www.GigaLaw.com/guide)


At 09:38 AM 10/22/02, 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.
>
>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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