Notices
Computer & Technology Related Post here for help and discussion of computing and related technology. Internet, TVs, phones, consoles, computers, tablets and any other gadgets.

Webdesign IP rights?

Thread Tools
 
Search this Thread
 
Old 20 August 2008, 11:39 AM
  #1  
BlkKnight
Scooby Regular
Thread Starter
 
BlkKnight's Avatar
 
Join Date: Feb 2004
Location: High Wycombe
Posts: 3,763
Likes: 0
Received 0 Likes on 0 Posts
Default Webdesign IP rights?

Hi All,

Just a quick question, looking for advise really.

I've my website has existed for about 10 years in various incarnations.

About 6 months ago, a "friend" took over the management of the site - including migrating from PHP Nuke to SMF & writing a custom signup script.

For this he was accepting a "payment in kind" (free entry to my events for the duration that he was maintaining the site).

Recently the server where he had moved the site to had disk failure & it transpires that no backups were being taken.

Long story short:
- I've moved the site onto a different host
- I've offered the friend to continue to manage the site - he declined.
- The site is now up & running on the new server "as was" all be it restored from a month old backup.

He is now claiming IP rights over the work that was done on the site whilst he managed it & would like me to remove it.

The way I see it is:
- I was paying him for the work he did (all be it in kind)
- No arrangements were discussed re the IP rights, and had the conversation ever taken place I would have refused to sign them over.

Any ideas where I stand on this?
Old 20 August 2008, 11:45 AM
  #2  
boxst
Scooby Regular
 
boxst's Avatar
 
Join Date: Nov 1998
Posts: 11,905
Likes: 0
Received 0 Likes on 0 Posts
Default

It is ... interesting and should have been written down somewhere. If he didn't / doesn't have backups and there is no contract in place I would say it is difficult to distinguish which parts he did anyway.

If I design something then the contract says that the customer 'owns' the IP (i.e. they can move it to a different designer) but cannot sell it on as their own work (such as a template for another company to create a website).

Steve
Old 20 August 2008, 11:54 AM
  #3  
BlkKnight
Scooby Regular
Thread Starter
 
BlkKnight's Avatar
 
Join Date: Feb 2004
Location: High Wycombe
Posts: 3,763
Likes: 0
Received 0 Likes on 0 Posts
Default

He has a copy of the 1 month old backup.

And yes, nothing was agreed verbally or in writing.

As it happens, I have no intention of reselling it or marking it as my own work.
Old 20 August 2008, 12:03 PM
  #4  
boxst
Scooby Regular
 
boxst's Avatar
 
Join Date: Nov 1998
Posts: 11,905
Likes: 0
Received 0 Likes on 0 Posts
Default

If he designed a Logo for you then there is some possiblity of rights infringement by using his work.

For the website itself, he doesn't really have a case. Nothing written down, he was 'paid' for the work.

What does he actually want? Asking you to take down the website just seems petty, does he want free entry for another couple of months? If it is your friend it is obviously worth solving it amicably.

I'm sure you have, but you need to make sure that he doesn't have access to the new site as he sounds like someone who will wipe or alter the contents.

Steve
Old 20 August 2008, 12:15 PM
  #5  
BlkKnight
Scooby Regular
Thread Starter
 
BlkKnight's Avatar
 
Join Date: Feb 2004
Location: High Wycombe
Posts: 3,763
Likes: 0
Received 0 Likes on 0 Posts
Default

The image was done by someone else.

It was purely the coding behind the site.

Yes I've secured the site.


Last edited by BlkKnight; 20 August 2008 at 02:19 PM.
Old 20 August 2008, 02:21 PM
  #6  
BlkKnight
Scooby Regular
Thread Starter
 
BlkKnight's Avatar
 
Join Date: Feb 2004
Location: High Wycombe
Posts: 3,763
Likes: 0
Received 0 Likes on 0 Posts
Default

Steve,

would you mind sending me a copy of your contract?

jason at physicalcompany.co.uk
Old 20 August 2008, 11:34 PM
  #7  
RichB
Scooby Regular
 
RichB's Avatar
 
Join Date: Apr 1999
Location: Bore Knee Muff
Posts: 3,666
Likes: 0
Received 0 Likes on 0 Posts
Default

How much work are we talking about here?

A whole site or just a form and some bits and bobs?
He would retain copyright of the 'code' and in theory you could not resell it but it would be very hard to prove.

Seeing as you can't see the php/asp on the public side you could simply says it's been rewritten and just looks the same as it did, no way of proving that without direct access to the code.
Old 20 August 2008, 11:36 PM
  #8  
RichB
Scooby Regular
 
RichB's Avatar
 
Join Date: Apr 1999
Location: Bore Knee Muff
Posts: 3,666
Likes: 0
Received 0 Likes on 0 Posts
Default

Incidently, if someone writes code in their spare time whilst employed, their employer technically could own the IPR of that work unless specifically written down in the contract of employment. So in theory, you've been employing him and/or rewarding him therefore it's yours...

That said, I've been developing a site for a sailing club and if someone else takes that over then they wont be getting any of the code but then again, I've not been paid for it so it's mine lock, stock.
Related Topics
Thread
Thread Starter
Forum
Replies
Last Post
JimBowen
ICE
5
02 July 2023 01:54 PM
InTurbo
Other Marques
20
08 October 2015 08:59 PM
Lillyart14
ScoobyNet General
24
01 October 2015 01:29 AM
sivo
ScoobyNet General
12
26 September 2015 12:34 PM
Baskey
General Technical
3
25 September 2015 03:45 PM



Quick Reply: Webdesign IP rights?



All times are GMT +1. The time now is 08:39 PM.