Copyright is held by the original creator, and no one else, upon
completion of a work, project, art, design, etc., so deemed by
the creator himself.
However…
The courts do not hold this up very often in court. There’s a ton
of cases going on right now where people are ripping other sites,
getting sued and winning because there isn’t such a thing yet in
the internet world. At least not concrete…
Basically in terms of the internet, it’s subjective…does it look
similar? same graphics? etc.
This is going to end up the same way music is copyrighted:
first-come first-serve basis to submitting your completed works to
the Library of Congress. Whenever that is, I’m not sure, but
there’s supposed to be new entity created in our government to
help prevent this sort of thing.
Here’s a quote directly from my official Service Agreement:
- Web Design Project Copyright
Copyright to the finished web design site produced by UNFLUX will be owned by Bryan Gettman and/or UNFLUX. The Client will be assigned rights to use the Web Design Project as a web site, once final payment under this agreement and any additional charges incurred have been paid. Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the Client, and remain the property of their respective owners. UNFLUX and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios. All Web Design Projects will contain a copyright/legal statement with a link to UNFLUX’s Design Services Web Site.
legality is a huge issue with me because i’ve been ripped so many
times, blatantly, and have always won my case based on covering
myself in the beginning.
Here’s my take on your situation:
They can’t legally ask you to produce anything to them if it’s not in
writing that you were going to supply it. Since it seems you did
this on good-faith, you should just consider to yourself what is the
“right thing to do.”
Professionally, I would suggest you call a lawyer and ask them
theor opinion. Most laywers will give you a free consultation, and
answer your questions.
In terms of the client, I would just explain to the client that you
do not usually relinquish code, or source from flash. Exceptions
can be made, but that’s usually taken care of at the beginning of
the project. I don’t think you should give it to them.
From a personal perspective, if you know this client and would like
to use them as a reference etc, then it’s probably in your best
interested to let it go, and give it to them. Just be sure in the
future you cover yourself - IN WRITING.
Hope this helps you out. Good luck. 