Forum Moderators: not2easy
I created a website for a web design company's client.
I looked at the web design company's home page last night, and they have stolen my design.
They say that as I did the work for them, the design and code belong to them. I said that this was not the case, as there was no agreement and the design and code belong to me, now the company say they want to own the design and code.
I created the website for a fair price, and would be expecting more money if the company want to own the design and code - especially as I know they will reuse the code again and again....
They want to own the code, so they can pass the ownership onto the customer, so the customer is liable if it does not comply with W3C guidelines.
I thought it would make more sense to make the website(s) accesible and keep the code and design copyright.
Any thoughts, ideas or suggestions?
LeighMcK
Don't get me wrong: my sympathies are with you. But you provided a service for their client, not your own. The design firm would seem to me to have a reasonable expectation that, since the work was done on their behalf for their customer, that their contract with their customer would be the controlling document. You were just a subcontractor.
The design firm or the client might consider themselves to own the copyright; the work is probably regarded as "work for hire" with respect to you.
I could be wrong, of course....
Eliz.
there was no agreement
the work is probably regarded as "work for hire" with respect to you.
Not likely. If you are not a direct employee, in most cases it needs to be in the written contract that it is a work-for-hire.
Check out [copyright.gov...]
"It has always been the case in common law (English case law) that, in the absence of prior agreement between the parties (it’s always best to get these things in writing), copyright remains in the hands of the author of the work, namely the developer or designer".
If this is the case, I get to keep the copyright and code and they are breaking the law by using my code and design on their website.
The website in question, is uncomplete, none of the menu have links yet and they have not removed my orignal key words and meta tags that I created from the original website.
They have added their keywords, meta tags etc.... and the header they have created (image based) is terrible.
It is an embarrassment to see my name in the code.
