[Hidden-tech] agreement to protect website ?

[Todd M. LeMieux (413) 747-9321]

Work for hire is typically frowned upon by independent contractors; 
rights transfers and usage rights should really be negotiated on a case 
by case or project by project basis.

When work for hire is the arrangement, a client should expect to pay a 
significantly higher fee for the rights grab that work for hire 
essentially is.

There are several helpful definitions and explanations of various 
contract negotiation and copyright terms here:

https://www.graphicartistsguild.org/resources/contract-monitor/contract-glossary/

And much more information here:

http://www.stopworkforhire.com/site2/what-is-work-for-hire/

Best,
Todd



On 12/13/11 11:02 AM, Maria Korolov Trombly wrote:
>     ** Be sure to fill out the survey/skills inventory in the member's area.
>     ** If you did, we all thank you.
>
>
>
>
> Mark, Margot --
>
> If the developer does any creative work at all -- design, writing, 
> coding, etc... -- have them sign a "work for hire" agreement under 
> which all creative rights belong to you.
>
> This should be a standard part of any vendor agreement you have. For 
> example, if you hire someone to design your corporate logo, by 
> default, the copyright to that logo will belong to them -- unless they 
> sign it over to you. A "work for hire" agreement means that the 
> copyright is owned by the person who paid for it.
>
> If you are dealing with contractors overseas, you should add something 
> like, "In jurisdictions where work for hire does not apply, the vendor 
> assigns all rights to the purchaser." In an "all rights" contract the 
> vendor originally has the copyright -- but then turns the whole thing 
> over to the buyer. In a "work for hire" contract the vendor never gets 
> these rights in the first place. Not really a huge difference 
> practically, but as someone buying creative work, you want the 
> strongest possible language on your side.
>
> If the work you're getting has source files -- original drawings that 
> the artist scanned in to create your logo, interviews with your 
> customers that a copywriter did for your website, source code in the 
> case of computer programs -- you would want to get those source 
> materials as well, in case you have to switch vendors -- having the 
> source materials can make it easier for the next guy to do their work.
>
> A contract doesn't have to be long -- a paragraph with everyone's 
> signatures is enough. But it's also a good opportunity to spell out 
> deliverables, completion dates, cost of follow-up services, etc...
>
> - Maria
>
>
>
> Maria Trombly Twitter headshot.jpg
> 	____________________________________________________
> Maria Korolov .  508-443-1130 . maria at tromblyinternational.com 
> <mailto:maria at tromblyinternational.com>
> President, *Trombly International 
> <http://www.tromblyinternational.com/>* . COO, *China Speakers Bureau*
> <http://www.china-speakers-bureau.com/>Editor & Publisher, *Hypergrid 
> Business* <http://www.hypergridbusiness.com/>
>
>
>
>
> On Tue, Dec 13, 2011 at 7:43 AM, Mark Firehammer 
> <mark at techeffective.net <mailto:mark at techeffective.net>> wrote:
>
>       ** Be sure to fill out the survey/skills inventory in the
>     member's area.
>       ** If you did, we all thank you.
>
>
>
>     Hi Margot,
>     If you do just 3 things, site ownership is not even an issue that
>     needs to be discussed.
>
>      1. Make sure the hosting account is your account. This means if a
>         developer tries to hold you up for whatever reason they can't
>         lock you out of your hosting account.
>      2. Register your domain name in your own account that you pay for
>         for the same reason as above.
>      3. Don't sign any agreements that give ownership rights to the
>         developer.
>
>     In short, as long as you control the accounts that hold your
>     domain name, sites files and database you are firmly in control at
>     all times and are the owner by virtue of possession!
>     I also recommend having an automated database and site file backup
>     system that puts both of those into another location such as
>     Amazon S3. This protects you from permanent loss of your site due
>     to a malicious act of deletion by a mean spirited or disgruntled
>     developer. None of this is hard and can be setup in a matter of
>     minutes.*
>
>     *I hope that's helpful.*
>
>     Mark Firehammer*
>     *New Number: 413 341-6888 <tel:413%20341-6888>
>     413 303 0315 <tel:413%20303%200315> # will turn off 12/31/11
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>
>     On Mon, Dec 12, 2011 at 10:21 PM, Margot Zalkind
>     <margotzalkind at gmail.com <mailto:margotzalkind at gmail.com>> wrote:
>
>           ** Be sure to fill out the survey/skills inventory in the
>         member's area.
>           ** If you did, we all thank you.
>
>
>
>         Thanks for your help regarding who owns what on the website -
>         the question is,
>         what would be in an agreement
>         to protect one's ownership of a website?
>         What points would you cover,
>         to be sure before you have someone design/build the site?
>
>         Thanks all.
>         mz
>
>
>         -- 
>
>                 Margot Zalkind
>                 MarchMedia LLC
>                 ArcherMayor.com
>                 Ph. 413.585.9445 <tel:413.585.9445> Cell. 802.275.2612
>                 <tel:802.275.2612>
>
>
>
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-- 


voteforgooddesign.com


Todd M. LeMieux
[Graphic Design]
413.747.9321 tel
www.toddlemieux.com

Good design will prevail.ª

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