Who Owns the Pages?

[Paul Fenton]

Some time ago I created a website for an acquaintance and was paid for
the work and maintenance while it was active. After a few years, he
shut it down, but kept the domain name. He now wants to re-activate
the site and wants me to send the original pages, graphics, etc. to
his new webmaster.

Although I placed a copyright statement on the site, I never actually
copyrighted it and there was no written agreement between me and him.

The question is: Who owns these pages? The client who paid me for my
work or me, who created the original work? Or does it come down to
whether or not I want to be a nice guy and maintain a friendship by
sending the pages as he's requested.

Just wondering how you pros would handle this situation...



Paul Fenton
(e-mail address removed)

 

[=?Windows-1252?Q?Rob_Giordano_\=28aka:_Crash_Gordo]

If he paid you to develop a site for him there is an implied contract and in all probablity he owns the content. You wouldn't have owned the copyright anyway, unless you used original work (photos or something) that you did for your own separate work and just allowed him to use them...however,...there's still the fact that you got paid for what you created. If you still have the stuff...I'd just give it to him. I wouldn't help develop the new web for the new webmaster though...unless you got paid for handholding.


| Some time ago I created a website for an acquaintance and was paid for
| the work and maintenance while it was active. After a few years, he
| shut it down, but kept the domain name. He now wants to re-activate
| the site and wants me to send the original pages, graphics, etc. to
| his new webmaster.
|
| Although I placed a copyright statement on the site, I never actually
| copyrighted it and there was no written agreement between me and him.
|
| The question is: Who owns these pages? The client who paid me for my
| work or me, who created the original work? Or does it come down to
| whether or not I want to be a nice guy and maintain a friendship by
| sending the pages as he's requested.
|
| Just wondering how you pros would handle this situation...
|
|
|
| Paul Fenton
| (e-mail address removed)

 

[Murray]

Although I placed a copyright statement on the site, I never actually

copyrighted it and there was no written agreement between me and him.

You do nothing to recognize the copyright. It's there as soon as you put
the site in a public place. No further action on your part is needed.

Who owns these pages?

The person who paid for them. In the absence of a written agreement stating
otherwise, that's how it will shake out.

Or does it come down to
whether or not I want to be a nice guy and maintain a friendship by
sending the pages as he's requested.

I think this is the answer.

 

[Kevin Spencer]

What's the deal? You built a web site for a client. He seems to have lost
it, and you have a copy. He's asking you for the copy. Why would you NOT
want to give it to him?

--
HTH,
Kevin Spencer
..Net Developer
Microsoft MVP
Neither a follower
nor a lender be.

 

[Murray]

Nicely analyzed. I agree completely with this approach....

 

[Peter R. Fletcher]

Disclaimer: I am not a lawyer - just a reasonably knowledgeable
layman.

In general, under US and UK law, if you are commissioned and paid to
produce something (whether this be an armchair, a book, a website or a
work of art) by and for someone else, it is presumed to be a "work
for hire", and all rights in it pass to the person who ordered it when
you deliver and are paid for it. This presumption can (again
generally) only be reversed if there is proof of an explicit
agreement between the parties to the contrary.

On the other hand, once you have delivered a "work for hire", you
don't (again unless there is an agreement to the contrary) have any
further responsibility for it. In this case, you would have been
perfectly at liberty to delete all your source material when you
ceased to be responsible for the site. Indeed, it could be argued that
you _should_ have done this. Given that you apparently didn't do this,
I believe that you have a perfect right to expect your acquaintance to
pay your reasonable costs for documenting (if necessary), assembling
and sending the material to the new Webmaster, as well as paying you
for any time you may subsequently spend corresponding with him/her
about it.

Ultimately, if we are talking about half a dozen pages with as many
images that you can zip and put on a disk (or send by email) without
expending much time and effort, then it probably makes sense for you
to do just that and make a mental note that your acquaintance "owes
you one". If it was a complex, 200 page, site, then I would say that
you are entitled to some payment for resurrecting a copy and sending
it on.

Some time ago I created a website for an acquaintance and was paid for
the work and maintenance while it was active. After a few years, he
shut it down, but kept the domain name. He now wants to re-activate
the site and wants me to send the original pages, graphics, etc. to
his new webmaster.

Although I placed a copyright statement on the site, I never actually
copyrighted it and there was no written agreement between me and him.

The question is: Who owns these pages? The client who paid me for my
work or me, who created the original work? Or does it come down to
whether or not I want to be a nice guy and maintain a friendship by
sending the pages as he's requested.

Just wondering how you pros would handle this situation...



Paul Fenton
(e-mail address removed)

Please respond to the Newsgroup, so that others may benefit from the exchange.
Peter R. Fletcher

 

[MD Websunlimited]

Don't forget good will. It can pay you back many times over.

 

[Paul Fenton]

Exellent points, all. Thank you. Peter said it very well, and as
Kevin said, Why would I not want to give it to him. I really can't
think of a good reason, so I'll be sending it off.

Thanks for the input, guys.


Paul Fenton

 

[Wes]

Hey, if he lost the wallet that you sold him two years ago are you obligated
to make him a new one? Sure, if he again pays for it!
It's up to the client to keep his own backups, once I design and the client
accepts, my contract is fulfilled.

 

[Peter R. Fletcher]

Agreed! As I implied, there is always a balance between standing on
your legal rights and making (in effect) an investment in good will in
the hope of future benefits.

Don't forget good will. It can pay you back many times over.

Please respond to the Newsgroup, so that others may benefit from the exchange.
Peter R. Fletcher

 

[Kevin Spencer]

Money in hand is spent tomorrow. Good will is an investment that pays for a
lifetime.

--
HTH,
Kevin Spencer
..Net Developer
Microsoft MVP
Neither a follower
nor a lender be.

 

[Murray]

Awesome. Now I gotta go think for a while.... 8)