Suz wrote:
> >Jack wrote:
> >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.
All the more reason to define the rights clearly in a written contract, eh?
Or do you think, when it comes right down to it, the contract won't matter
much either if the client has a more powerful lawyer/legal threat?
Jack
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