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Old 24 May 2006, 10:56 AM
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NorthDave
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Angry another copyright thread

Ok guys any help appreciated...

I have read the other thread on who owns web site copyright with interest.

About a year ago I had a website designed by a design agency (and logos stationary etc). This website is entirely flash and therefore can not be indexed on search engines. At the time of comissioning I asked for all the source files for the website, stationary etc. After a bit of 'dsicussion' they were handed over.

I recently went to see a web site optimisation company who told me they would rewrite in html using the existing images so the site would look similar but could be optimised (flash appears to be invisible to the likes of google). The problem is that the original company had not given me the source files but an export (i.e. given me an swf file not the fla files needed to create), I phoned them up but was told they dont hand those out as they are the plans not the product. I should forward my requirements and they would quote for making changes. I have since decompiled the export to get the source files and handed them over to the SEO company who are redesigning the site.

I always assumed I 'owned' the identity in its entirety as I paid them to create the logos and site on my behalf. After reading the links on the other thread though I think I may be in trouble.

We never signed any sort of contract but the discussion mentioned above went along the lines of I've paid you to create this stuff and want the source files, if I choose to use you again for web site changes or more stationary then that is up to me but I will not be put in a position were I have to come through you. As I say they begrudgingly handed them over (or so I thought).

Can they do anything about the fact I have not used them again and decompiled their files??

Sorry about the long post, not the easiest of thing to explain!!

TIA

Dave
Old 24 May 2006, 11:08 AM
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OllyK
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Not sure how a design agency can own the copyright to your logos and trademarks, they may however protect their source code that is used to display your images etc.
Old 24 May 2006, 11:16 AM
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Glencora
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My company has been through the same problem, we use external company to create our 'external' web (we create the intranet using sharepoint) but when we wanted to bring it in-house after hiring someone with sufficient skills, they told us they owned the copyright on every logo, design, picture etc therefore they wouldnt give us anything.

We had no luck in getting our web off them and the site is in flash too! Why, I have no idea.
Old 24 May 2006, 11:20 AM
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NorthDave
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Originally Posted by Glencora
My company has been through the same problem, we use external company to create our 'external' web (we create the intranet using sharepoint) but when we wanted to bring it in-house after hiring someone with sufficient skills, they told us they owned the copyright on every logo, design, picture etc therefore they wouldnt give us anything.

We had no luck in getting our web off them and the site is in flash too! Why, I have no idea.
Ouch!!! Makes me glad I got what I did off them. What do they think you pay them thousands of pounds for, to create something for themselves??
Old 24 May 2006, 11:23 AM
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Brendan Hughes
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Eh? You paid them thousands of pounds but never signed any contract?

Old 24 May 2006, 11:30 AM
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NorthDave
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Originally Posted by Brendan Hughes
Eh? You paid them thousands of pounds but never signed any contract?

I was naive or stupid, I just didnt realise how these things worked plus it was a friend of a friend. I didnt actually pay them anything until I had the product so I didnt think I needed one.
Old 24 May 2006, 12:20 PM
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RichB
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Dave - YHPM.
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