At 12:15 PM 7/28/1998 -0800, Suzanne so eloquently stated:
>>So, if I read this right, when there is no written contract the rights of
>>ownership fall in the favor of the designer. Which translates to "if you
>>have any handshake deals, then you're better off than your client and it's
>>your client who has been most foolish".
>
>Yes you're reading it right. But my practical experience has shown that if
>your client can better afford a lawyer and a court battle than you can,
>then your intrinsic rights are worthless. A friend recently suffered
>through a battle over rights to a web site, and after she pulled it off the
>server, the client's lawyer threatened to sue her for damages. My friend
>couldn't afford to counter-sue, so ended up caving to the client's demands.
>
>Basically, whoever can afford to indulge in legal nastiness is the one
>who's better off, regardless of who really owns the rights.
>
What happened to karma <g>.
BTW, unfortunately this is all too true in business. Even if you
are incorporated, deep pockets can often "pierce the corporate
veil" especially when you can't afford to fight back. Public
defenders are nonexistent with financial cases. Which is why it
behoove you to have your contract reviewed by an attorney. Save
yourself the headaches now. Reviewing of a contract is not too
costly. Preparing one is a little more costly. But, defending
an action is very costly.
George
_______________________________________________________
George Matyjewicz, C.M.O. mailto:[EMAIL PROTECTED]
GAP Enterprises, Ltd. http://www.gapent.com/
Moderator of E-Tailer's Digest http://www.gapent.com/etailer/
Your Resource for Retail on the Net
Moderator E-Marketing Digest http://www.webbers.com/emark/
Marketing Your Web http://www.gapent.com/myweb/
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