Copyright infringement?

[Drorain]

My Friend helped layout/design a website for a Realtor here in town. The site looks good, decent usable layout, which is what counts. He reworked some of the aspects of the site, but also used some of the HTML code and some of the imagery from the previous designer.

This previous designer is a firm that the realtor went to originally. Here's his question directly...

"i guess that the question is the updated site with elements from the old site, will there be any legal problems?"

So there you have it, the realtor says he owns the site, so the rights to use the code and certain design elements...unsure of any contract, but this person is hosting the site for the realtor as well.

"i got an email stating that i would have to start from scratch in order for me to be the WM"

Please comment... :mad:

[Rocketpig]

It all depends on how things were originally set up between the two parties. If there is no contract and the designer was paid for the work, in my experience it's usually the business that retains the rights to the website.

Unless the designer was underhanded about it and put the domain in his/her own name (something I've seen a little too frequently for my liking), then it becomes a lot trickier to sort out.

I dealt with a situation at my current work where the designer put the domain in his own name and it was a real mess taking it away from him. But he was a crook so it wasn't really surprising.

[Vikia]

I once began designing a site for someone who after I was well into it, backed out of it, telling me it was not the direction he wanted to go afterall. Luckily, I had only semi-completed the homepage and had been proofing it with him. But we had discussed ideas back and forth via some comps.

The next thing I know, he has his son creating the site using my ideas and recreating the graphics in a very similar manner.

I called him on it and told him that creative rights are mine on the basic layout and certain graphics. Just because he stopped me and took good notes on my comps and proofs, does not give him the right to steal the ideas and have his kid work on it for free after school. [grumble]

I wrote him a cease and desist notice or he would be invoiced. He complied saying that he was sorry and it was not his intention to pick my brain for ideas and steal them. As far as I know, he still does not have his site up and running.

[Rocketpig]

I once began designing a site for someone who after I was well into it, backed out of it, telling me it was not the direction he wanted to go afterall. Luckily, I had only semi-completed the homepage and had been proofing it with him. But we had discussed ideas back and forth via some comps.

The next thing I know, he has his son creating the site using my ideas and recreating the graphics in a very similar manner.

I called him on it and told him that creative rights are mine on the basic layout and certain graphics. Just because he stopped me and took good notes on my comps and proofs, does not give him the right to steal the ideas and have his kid work on it for free after school. [grumble]

I wrote him a cease and desist notice or he would be invoiced. He complied saying that he was sorry and it was not his intention to pick my brain for ideas and steal them. As far as I know, he still does not have his site up and running.

At least your former client was honest about it and stopped what he was doing. I guess there is hope. Most people think IP doesn't exist and they can freely take whatever they please, whenever they please.

[gvenditto]

Legally, if you are paid to do a design job, and you don't have a contract, the court is likely to side with the company who bought it. It would be construed as 'work for hire'

To protect yourself, you really need to get it in writing. it's not like a photograph or illustration that you create and shop around. in that case, you did it on your own and it is clearly your creation.

[GreenThumb]

I once began designing a site for someone who after I was well into it, backed out of it, telling me it was not the direction he wanted to go afterall. Luckily, I had only semi-completed the homepage and had been proofing it with him. But we had discussed ideas back and forth via some comps.

The next thing I know, he has his son creating the site using my ideas and recreating the graphics in a very similar manner.

I called him on it and told him that creative rights are mine on the basic layout and certain graphics. Just because he stopped me and took good notes on my comps and proofs, does not give him the right to steal the ideas and have his kid work on it for free after school. [grumble]

I wrote him a cease and desist notice or he would be invoiced. He complied saying that he was sorry and it was not his intention to pick my brain for ideas and steal them. As far as I know, he still does not have his site up and running.

That was just such a funny scenario in my head. I could imagine the boss and he looked like a used car salesman.

[dana]

I believe that intellectual property rights are normally vested in the creator of an original work... regardless if that work is done for a client (under contract) or for one's self. However, if one creates work while in the employ of a company or individual, then the intellectual property rights remain with the employer.

When preparing a proposal or contract, the intellectual property rights should be clearly articulated. If copyright is included as part of the "deliverables", that should be said; if not included, that also must be said. I believe that it is of paramount importance to establish this before money changes hands.

[Hendo]

I think artwork is free game unless you have a contract! (only legal way)
I won't design anything without a down payment and my clients don't receive the final product or final site launch until the FINAL payments are in.
1/2 now - 1/2 when complete!
I have been burned on this before and it won't happen again!
Cover your ass and you shouldn't have a problem!

So artwork for the realtor is free game!