RE: FLASH: Confidentiality agreements

[David Giannetto]

well, again I'm no web attorney but I have worked with them for my

clients.  it is interesting that most web development falls under 

Intellectual Property Law which is different than that brochure

you laboriously produced for your client.  


the entire idea behind the site, its code, its art, its layout, etc

was all created by the web developer, not the client, so if the

client leaves the developer, the developer still owns all that

and can take it with him.  unless he signed those rights away

before hand.


Sometimes, clients leave their developer only to later find out that when

the

developer registered the domain name, the developer now owns that too.

granted it may no be good business to do it to your client, and

you may be able to take him to court to get it back, but the end

result is that the 'former' developer holds your site hostage and off-line

while you battle it out.  which is the kiss of death for an on-line

business.


web law is still in its infancy, it is a pretty interesting subject few know

much

about, even most developers and clients don't understand who owns what,

I'm not claiming to know it all either, but that's my understanding of it.


Dave


> -----Original Message-----

>

From: Paul Kilgour [SMTP:paulkmobilixnet [dot] dk]

> Sent:	Thursday, January 20, 2000 12:12 PM

>

To: flasherchinwag [dot] com

> Subject:	Re: FLASH: Confidentiality agreements

> 

> 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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