Copyright question

They have: 44 posts

Joined: May 2000

Hi All,

I wasn't sure which forum to post this question. You have been a great help in the past.

My client has a Web site with this copyright(see below). He wants me to create a new site for him. What can I take from the original site? The catalog of items for sale(this is a copy of his printed catalog)? His press release? His page of expert advice to users?

Do I need to change everything? Please help Smiling

I plan to remove the original copyright info and replace with my name as the "Designer"

Thank you,

MichelleB
[email protected]

All contents including text and graphics are the exclusive property and copyright of "Client" and "Designer" - (c) 1999, All Rights Reserved Worldwide.

Brian Farkas's picture

They have: 1,015 posts

Joined: Apr 1999

Hi Michelle-
You should be able to use ALL the content on the current client site, if he/she is hiring you to do a redesign... That is because it appears that the CLIENT owns the copyright to all of the content on the site, so he/she would have every right to use the content in a new design.

I hope this helps!

Brian Farkas

AndyB's picture

They have: 344 posts

Joined: Aug 1999

I tend agree with Brian ... but since the wording 'All contents including text and graphics are the exclusive property and copyright of "Client" and "Designer" ' leaves it an open question as to precisely which parts belong to which party ... just ask your client which parts of his existing site he wants you to use, and can he confirm that those are indeed free for re-use.

They have: 44 posts

Joined: May 2000

Thanks for the quick replys.

The client does not know what he owns and what the designer owns.

The client supplied the designer with the text for the catalog, press release, and advise column. Can I assume the client owns this content?

I think it is best to change the graphics, since I don't know if he owns the rights to these.

My client has been unable to contact the designer. That is why he came to me.

Thank you again for your help,

MichelleB
[email protected]

AndyB's picture

They have: 344 posts

Joined: Aug 1999

Quote: Originally posted by MichelleB
The client does not know what he owns and what the designer owns.

I would think that the text he provided is definitely his; if there were photographs of his product I expect those are his as well (unless he contracted with someone to take the pix).

Tricky subject .... I expect he'll make sure that when he has his site makeover finished you'll both know who owns what:)

They have: 453 posts

Joined: Jan 1999

I would say this is a high risk sale ....

You have to assume that "designer" owns the whole design.
That includes navigational elements, layout, color-schemes, hierachy of the site, etc.

Ask your client if he gave the pictures to the designer.
If not you can at least use those.

Years ago I used that copyright statement to prevent clients to work with other "designers".

And yes, you can break the copyright by reusing the colors !

(No, you can't copyright "black on white", but you can copyright "#ff0000 on #00ff00 navbar with #ffff00 text on #336699 background with #663399 and #9933ff logo".)

Be carefull, this is calling for trouble.

I know it, I've been on the other side.

They have: 44 posts

Joined: May 2000

Thank you for such a thorough answer. I plan a complete makeover.

Another question please:

If the client keeps his original site and hires me to maintain it, what can I change? Add new pages? Delete pages? Update catalog? Add photos? etc?

Thanks again,

MichelleB
[email protected]

Justin S's picture

They have: 2,076 posts

Joined: Jun 1999

If he asks specifically to "maintain it," then I'd say he just wants you to keep all the content current and up to date, which includes doing updated that he wants done. Now redesigning the site could be a part of this, but only if the client wants that done. You could suggest a redesign to him as well.

Want to join the discussion? Create an account or log in if you already have one. Joining is fast, free and painless! We’ll even whisk you back here when you’ve finished.