Controlling Copyright

h0stn0tf0und

Hi all,

Some time ago I did some work (a website) and I having great trouble getting paid. When I do get paid I would like to keep the copyright on the work I have done and prevent others from changing it without my permission. Can I do this? SOrry for the shortness but I have been &%^& .

democrates

Being fuked on the payment is it's own issue, you can always threaten them with stubbs gazette.
As for claiming copyright, were you the author of all content, including logos?
Is the design worthy of a copyright or does prior art exist?

Frankly I find the idea of trying to 'own' your clients content dubious, and hardly an appealing selling point for future prospects.

Get your money, call into their reception as often as you can with the invoice. But get a better business model than dominion.

rsynnott

The design is copyrightable independently of the content.

cgarvey

You're in a very grey area if you accept payment for the work and don't have a signed agreement declaring that copyright remains with you (which would be unusual for a commercial offering)
.cg

rsynnott

cgarvey wrote:

You're in a very grey area if you accept payment for the work and don't have a signed agreement declaring that copyright remains with you (which would be unusual for a commercial offering)
.cg

Hmm, I seem to remember seeing the opposite, at least for backend systems. (That work-for-hire is only so if specifically stated; by default you're just developing a system, then giving the client permission to use it)

Figment

cgarvey wrote:

You're in a very grey area if you accept payment for the work and don't have a signed agreement declaring that copyright remains with you (which would be unusual for a commercial offering)
.cg

Copyright remains with the original creator unless explicitly stated (in writing realistically).

cgarvey

Yes but the original creator is usually the person making the investment. The accepting payment bit is the key. If you work for somebody on something, that something (ownership & copyright) belongs to that somebody, not you (unless there's agreement otherwise). If you're contracting, and there is a lack of written agreement, you're in a grey area. I know of one case, that I can't talk about, where the fact that company X paid company Y, and no written agreement was in place, meant that ownership and copyright was retained by company X.. it makes sense to me, but it might not be the norm, IANAL.

.cg

Figment

Well in the law it is pretty clear. Especially with European interference in the last few years. I don't know the details about that case cg so cant comment.

The original creator is the creator. Nothing to do with money. So lets take programmer or a designer. If company C(client) asks company P(programmer) to design and develop a website. Nothing fancy, just a simple brochure ware site. On final payment company C receives a web site to use as theirs (normally exclusively, unless company P is a web template company) for as long as they want (or depending on the agreed licensing agreement).

Now unless agreed otherwise copyright of the sites design and code remains (legally by default) with the original creator. In this case Company P.

There is no reason so far why copyright would be transferred or even why each company would want it transferred.
The only way Copyright is automatically transferred to Company C is if the Designer or Programmer is a direct employee of Company C.


The above is what happens under the current laws by default.
Sometimes Company C may actually want copyright. They may want to make copies of the site and sell it on to 100 other businesses. This is not a problem but it must be agreed and recorded. Depending on Company P it may involve an extra charge.