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Subject: Re: update: Re: FLASH: Upset about bad review for shockwave/flash posting
From: Laura Mollett
Date: Mon, 28 Feb 2000 05:46:46 GMT

> Worse than this; our contract was set up to trade advertising, not cash.
> Our company was suppose to get all the referals for web sites. Today I
> learned why we have gotten no contracts from the trade. The very 2 ppl
> that handle all referals are the same two employees that put up the website
> to compete for web pages. One is the DJ, the other is the one who stole my
> codes. Both have opened their own web design businesses.

You can't keep people from competing with you (unless you had a
non-competition clause, but that would be tough because the business you
designed the site for isn't a web design business), but if it's in the
contract that you traded the web site for referrals, they're in breech of
that contract if they aren't providing you with the referrals as long as
they keep your site up (or however long the contract says or whatever),
whether you have a non-competition clause or not. If I were you, I'd have a
long professional talk with the business owner. If his employees are
siphoning off the referrals for their own purposes in opening another
business outside of their employment, they're putting him in a breech of
contract situation which is bad for him.

And stealing your work is against the law regardless of the contract. They
can't claim ownership of something they didn't do - the business might own
it if you sold the rights outright, but not another web design firm, where
those people are acting independently of their employment status to the
business you contracted with - if you can parse that convoluted sentence :)

Of course a law suit dealing with all that might cost much more than the
return even should you win. I don't know how many referrals there were or
what they'd be worth, but if the owner of the business can't be expected to
uphold the contract and there was no cash involved, I might be inclined to
write it off as a bad deal and trade in cold, hard cash next time - or even
air space advertising (this was a radio station?) but something more than
referrals.

And don't worry about a web design company trashing flash... they're missing
the boat and it's their loss. You position yourself as a flash designer,
they position themselves as "designer for all browsers" and your
(respective) work speaks for itself. Who wants a static html page when they
can have flash, or both? That's why we're flash designers :) Stay calm, stay
professional, only ask for what's yours... render unto ceasar or whatever.

Obligatory I'm not a lawyer, get legal advice, don't assume my advice is
worth as much as the bandwidth it's taking up note :)

Laura

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