Who Owns the Pages?

[Paul Fenton]

Some time ago I created a website for an acquaintance and was paid for
the work and maintenance while it was active. After a few years, he
shut it down, but kept the domain name. He now wants to re-activate
the site and wants me to send the original pages, graphics, etc. to
his new webmaster.

Although I placed a copyright statement on the site, I never actually
copyrighted it and there was no written agreement between me and him.

The question is: Who owns these pages? The client who paid me for my
work or me, who created the original work? Or does it come down to
whether or not I want to be a nice guy and maintain a friendship by
sending the pages as he's requested.

Just wondering how you pros would handle this situation...



Paul Fenton
(e-mail address removed)

 

[Murray]

Although I placed a copyright statement on the site, I never actually

copyrighted it and there was no written agreement between me and him.

You do nothing to recognize the copyright. It's there as soon as you put
the site in a public place. No further action on your part is needed.

Who owns these pages?

The person who paid for them. In the absence of a written agreement stating
otherwise, that's how it will shake out.

Or does it come down to
whether or not I want to be a nice guy and maintain a friendship by
sending the pages as he's requested.

I think this is the answer.

 

[Kevin Spencer]

What's the deal? You built a web site for a client. He seems to have lost
it, and you have a copy. He's asking you for the copy. Why would you NOT
want to give it to him?

--
HTH,
Kevin Spencer
..Net Developer
Microsoft MVP
Neither a follower
nor a lender be.

 

[Murray]

Nicely analyzed. I agree completely with this approach....

 

[MD Websunlimited]

Don't forget good will. It can pay you back many times over.

 

[Paul Fenton]

Exellent points, all. Thank you. Peter said it very well, and as
Kevin said, Why would I not want to give it to him. I really can't
think of a good reason, so I'll be sending it off.

Thanks for the input, guys.


Paul Fenton

 

[Wes]

Hey, if he lost the wallet that you sold him two years ago are you obligated
to make him a new one? Sure, if he again pays for it!
It's up to the client to keep his own backups, once I design and the client
accepts, my contract is fulfilled.

 

[Kevin Spencer]

Money in hand is spent tomorrow. Good will is an investment that pays for a
lifetime.

--
HTH,
Kevin Spencer
..Net Developer
Microsoft MVP
Neither a follower
nor a lender be.

 

[Murray]

Awesome. Now I gotta go think for a while.... 8)