Kathy, I'm sorry to have to tell you this, but absent a written instrument
transferring ownership of the files to the client, the developer DOES own
the copyright (not copyright) and has every right to pull them offline.
There doesn't have to be anything in the contract about the developer
retaining copyright. By law, from the instant of the files' creation, the
copyright to them simply belongs to the developer unless there is a written
transfer of copyright to the client.
Work for hire is NOT default. NEVER. Under US copyright law, 'Work for
hire' legally applies to certain types of projects fitting a narrow
description, which does not include Web design work. And, even when a
project falls into one of the work for hire categories, a written contract
is still required in order for the project's copyright to belong to the
client.
By having Mindspring put backups of the files online, your friend is
violating the developer's copyright and is putting herself at risk of a
lawsuit, providing the developer's pockets are deep enough.
This should not be interpreted as legal advice, as I am not an attorney,
blah...blah...blah....
Suz
>A friend of mine in Tahoe had a 6-month contract w/a women in Reno to build
>and maintain her web site for her scientific consulting business.
>
>The site was not maintained; I agreed to take it over in December. My friend
>wrote her developer and requested all files and pictures. The web developer
>said "are you going to renew my contract;" my friend said, "no." The
>developer said "all this stuff is copywrite me and I'm going to pull the
>site." Which she promptly did - it was offline yesterday (Sunday). My friend
>called Mindspring (her host) and they pulled her files from their backup and
>reinstated the site; she also changed the password on the FTP account.
>
>I'd like to put the fear of god into this developer person. There is nothing
>in the contract about the developer retaining copywrite (so that means 'work
>for hire' is default, does it not?). And pulling the site -- come on!
>
Suzanne Stephens, Dave Stephens Design; Ashland, Oregon
541-552-1190, 541-552-1192 http://www.KickassDesign.com/
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