Copyright laws regarding website design?

Messiah Khan

Messiah Khan

Messiah Khan

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Im not sure if anyone is able to answer this one, but...

If a client asked for a website to be designed by a website designer/developer, but no formal contract was ever signed or agreed upon then what would the IP/Cpyright laws be regarding modification of that site by a third party? Does the Designer/Developer automatically retain the IP, or does it pass over to the paying client?
 
Yeah, a verbal agreement(And email contact) had been made, but no formal contract was ever discussed or signed. We are in the client position btw, and arn't happy with half the website. The money has been handed over to the developer. The reason I ask this, is im wondering out legal position of getting a third party in to rework the parts of the site we don't like, but keep the bits we do like. As this would invlove reworking code, I need to know who legally owns the IP in this situation.
 
gord said:
From Frank Botts - Professional Issues in Information Technology
As the designer you have full copyright ownership unless otherwise specified in an agreement in writing.

"The owner of the copyright can transfer ownership to someone else. This is known as the assignment of the copyright and must be done in writing. In this case, the new owner of the copyright has all the rights that the previous owner had."
Click to expand...

Just what im after, thanks. Not in our favour though. :(
 
AFAIK it really wasn't written as a contract or includes any details that should be in a contract, more like "Can you make a website for us" "ok, i'll do it ASAP" kind of thing.
 
Cheers guys. What is this source Gord? Is it a book you've got? Doesn't look like were in a good position then. The way things are looking, I think a whole new site might be the best way forward.
 
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