[Hidden-tech] who owns a website?

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

There is far too much misinformation and misunderstanding about 
copyright, which often leads to unnecessary ill will between creators 
and clients.

The statement in this recent response that if one "paid a designer for 
work then you own that work." is not at all accurate. Copyright law 
states that the creator of a work is the copyright holder.

Unless there is a written agreement licensing and/or transferring 
rights, then just because something is paid for does NOT make the paying 
client the owner.

So the writing, the design, the code and also the photography are owned 
by their respective creators unless the rights were transferred in 
writing. Work for Hire is when someone is an actual employee by a 
company and then the EMPLOYER owns the work (again, unless the rights 
were transferred in writing).

Even if you have a backup, or copy, of the work or the original files, 
that does not make you the copyright holder and you could be liable for 
infringement. Copyrights MUST be transferred in writing to be valid.

Best,
Todd


On 10/14/11 9:59 AM, Bob O'Haver wrote:
>     ** Be sure to fill out the survey/skills inventory in the member's area.
>     ** If you did, we all thank you.
>
>
>
>
> The copyright goes to the writer of the content, unless there is a 
> written contract with that writer to sell you the rights.
>
> If you paid a designer for work then you own that work.  One thing to 
> watch out for:  Some people in the business register the domain under 
> their own name and that make them the legal owner of the domain. 
>  Check the Who's Who domain to find out how yours is registered. (just 
> search who's who domain and you will find a site to look this up) They 
> are the legal owner of the site.
>
> As for the programming while you might have paid someone to do that 
> programming it is common practice to use code that you have written 
> for something else in a site you might be working on now.
>
> But we have always set our sites up to be able to move them to a new 
> hosting company if  the need arises.
>
> It is really the only ethical way.    To gaurd against this you can 
> always have the designer or web master back up the site and give it to 
> you on CD.  Then now matter what happens you are covered.
>
> Call us if you need help.
> Bob O'Haver
> GraymatterHost.com
>
>
>
> for Support email us at: support at graymatterhost.com 
> <mailto:support at graymatterhost.com>
>
> 413.528.4402 Phone
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> bob at graymatterhost.com <mailto:bob at graymatterhost.com>
>
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> On Oct 13, 2011, at 1:12 PM, Margot Zalkind wrote:
>
>>   ** Be sure to fill out the survey/skills inventory in the member's 
>> area.
>>   ** If you did, we all thank you.
>>
>>
>> IF a company wants to change website designers,
>> who wons the rights to the website?
>> IF it was done for payment
>> and
>> IF the company owns the copyright?
>> Can they change?
>> Thanks, M
>>
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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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