Re: FLASH: Confidentiality agreements

[Paul Kilgour]

Dave,


Surely you can't take an ex-clients site off line, just because they are no

longer your client? If they've paid you for the work you've done then the

site is their's for as long as they want it.


Correct me if I'm wrong - and most of my work has been in the field of print

- but if I design and produce a brochure for someone, and at a later date

lost them as a client, I would have no power (nor should I have) to prevent

them distributing it.


The crunch comes when they want to ammend/add to/re-design said

site/brochure/ad etc. Then they need all the elements that went into making

it, which of course, are yours to sell.


It's a minefield, I know, and apologies if I've got hold of the wrong end of

the stick.


Regards,


Paul.



> I have only had minor dealing with web attorney's for some of my clients

> but the general rule of thumb is that the designer owns everything, the

> ideas, the images, the content of the site unless they sign it all away

> in an agreement.  so if you design a site and that client leaves you

> for another design team they don't take your site and give it to them,

> it is yours to take off line.  the new company starts from scratch.

> so usually the developer doesn't push to sign anything because they

> can only sign away right that are theirs by default.

>

> I'm not giving legal advice or anything, that's just what I've seen in

> my dealings. anyone has other insight, please jump in..

> Dave

> 



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