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Hi Bryan,
The agreement looks good, but it seems very
one-sided in your favour. I would add a clause that you won't re-use the
graphics or the design concept of the site, since it is their corporate
identity.
Just my opinion.
Rick
----- Original Message -----
Sent: Tuesday, July 06, 2004 9:45
AM
Subject: Re: Witango-Talk: [OFF] Customer
Agreement
In contracts with my clients I don't allow them to own the
code.
4.
Ownership Rights.
Customer
shall retain all of its intellectual property rights in any text, images or
other components it owns and transmits to Developers for use in the Web Site.
Customer shall hold the copyright for the agreed upon version of the website
as delivered, and the Customer’s copyright notice may be displayed in the
final version.
Developers
shall hold all right, title, and interest in and to the source code,
programming and original artwork created for the project. Specifically, but
without limitation, Developer shall hold rights, title, and interest in and
to:
(1)
All text, graphics, animation, audio components, and digital components of the
Web Site (the “Content”) created by MyCompany,
(2)
All interfaces, navigational devices, menus, menu structures or arrangements,
icons, help and other operational instructions, and all other components of
any source or object computer code that comprises the Web Site created by
MyCompany,
(3)
All literal and non-literal expressions of ideas that operate, cause, create,
direct, manipulate, access, or otherwise affect the content created by
MyCompany,
(4)
All copyrights, patents, trade secrets, and other intellectual or industrial
property rights in the Web Site or any component or characteristic thereof
created by MyCompany. Customer shall not do anything that may infringe upon or
in any way undermine Developers’ right, title, and interest in the Web Site,
as described in this paragraph,
Bryan
Hughes
TFG-PIU
954-493-6565 x122
On Jul 5, 2004, at 12:01 PM,
Dan Stein wrote:
I have a potential client that is real confused about copywrite
vs.
ownership of code.
He want to know that the look and feel of
his site is copywrited. I can
understand that.
But he also wants
in an agreement that the he would own the code used to
develop the
site.
Since it is basically a course registration system I am not
willing to give
him an agreement saying I would not use the same code to
develop a course
registration system on another area other than his
market.
I can see a non-compete agreement but that would still only
cover his
market.
Any thoughts on how to best handle this with
him?
Any sample agreements someone could share that might cover
this?
This is the 1st time I have run into this request.
--
Dan
Stein
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