Tamra wrote:
> >Brent wrote:
> >But in other cases it could be more legally problematic (this
> accords with
> >matters Jack raised last week) -- basically, when a site is
> completed, who
> >owns what, and who has what responsibilities/rights to alter and amend
> >code, graphics and structure at a later date? Interesting...
>
> The AIGA (graphic designers) emphasize heavily that the designer owns all
> art, layout, etc. unless there's something signed that turns the copyright
> over to the client.
Can you define the "etc" for me? I broke the deliverables into this list,
typical of the deliverables for a web development project:
1. graphic elements
2. copy
3. page design/layout
4. navigational structure/site architecture
5. html code
6. scripting code
and sometimes these products:
7. database development
8. compiled back-end programs
9. printed marketing materials
10. logo/corporate ID products
11. internet marketing services (varied)
Is there anything I missed? (I added #7 since the last time I posted this
list.) I can see wanting to assign different rights to different elements of
a project.
> The sample contracts they provide include clauses like
> that, and the web design contract has a clause that states that the client
> cannot legally change the site without written permission from the
> designer.
I looked at the site: http://www.aiga.com/ , which seems to be the AIGA main
site. It lists local chapters, but there is not one listed in my area
(Northern CA). Do you know if there is a chapter here who I can contact to
see their web design contract, or is there a contract on the web for
perusal?
> I personally feel that for the most part the client owns the
> graphics (it's usually their logo, for example)
Owns the graphics flat-out? What if they repurpose your work into other
mediums, such as a CD-Rom, magazine article or book? I think these rights
need to be clearly laid out in a contract.
> and all I "own" is that
> specific look&feel -- but I only "own" it in that I have the
> right to use a
> similar look&feel for another client, not that I can prevent the client
> from changing it.
But how do you define the look and feel? That's been an issue that's seen
many hours in the courts. I think if you break it down into the elements
that create the look and feel, then you can work it into a contract.
> I guess I think of it like something I've written and that's been
> published
> by a magazine. The site owner is getting the First North American Serial
> Rights to that layout, but that doesn't mean I can't resell it. And since
> they're providing the copy and logos, I of course don't have any rights to
> those items.
OK, so these things should be defined in a contract, right? Now, how to
define them? What does your contract say to define them, if you don't mind
saying?
Jack
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