HELP with legal website issues!

21

[QUOTE]*Originally posted by reverendflash *
**you have to ask yourself:

Is it worth it to burn this bridge?

Prob not.

By them “owning” the .swf’s then yes, since they asked your friend to do a website, and you did it for him, they own the swf’s. As unflux said, you could prob beat this in court, but you will lose a lot in court costs, plus reputation.

-------- They want the .fla not just the .swf

I don’t see how you say they own it since I have not signed my copyright to anyone, and I made it clear to my friend that is was mine before anyone everstarted asking to “sign the copyright to them and give them the source”.

I’m sore of thinking we can just diffuse it and give the site on a CD and say you have all there and are allowed to change it all you want and use it for your website, but not give the .fla

22

I also noticed a lot of you put this on the sites in your portfolios:

© the companys name of the website, date.

However, you just stated you still keep the copyright yourself in that SECTION 9 you listed. So how can you put this on the website yet you still have the copyright?

Apparently they even asked we don’t put a link to other sites??
(I can only take it to mean no: “site designed by: x”)
that sounds odd too! All this on recommendation by this third party - sorta make me still feel like he wants to be able to point to it as “his” and there be no proof on the page who the designer was.

23

p.s.

Your section 9 was taken from these guys:

http://free-domain.com/terms.htm

unless they took it from you…

p.s.s

and something smells like 2advanced :wink: webbasis background even…

24

OMG! I’m so angry right now, I can barely type…

I don’t appreciate the insinuation that I took anything from
anyone. I shouldn’t have to defend myself, but I guess I have to.

What they have, is similar to what I have in a Service Agreement
for my clients. It’s a standard template for a web design
contract, that I took to a lawyer for approval. Ovbiously they are
using the same template, and I know of several others that use it
as well.

Secondly, what the hell are you referring to with the 2a and bg
comments? I would seriously consider taking them back, given
you don’t know me or my business. Webbasis is nothing like
anything on my site, and I have no clue why you would accuse me
of stealing someone else’s ideas. I REALLY don’t appreciate that
remark one bit. :bad:

2a is an influence, I’ll admit that to anyone. But what brings you
to this public forum and accuse me of being a ripper? You need to
get your facts straight sir.

Next time you come here for help, you might want to reconsider
your approach at slandering others, especially the ones that tried
to help you out. I’m fairly knowledgeable and experienced, and
was giving you some sound advice…then you trash me.

Nice. :sigh:

25

Free-Domain.com

The client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to RWG Internet Service for inclusion in the web design project are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect and defend RWG Internet Service and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.

UNFLUX

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.

They sound quite different to me. I mean, how different can a copywrite notice for a web design company be? They all have to copywrite the same things, and there is only so many ways you can write that.

And…

They both look completely different to me. You really should try to be nicer to the people who are offering you professional advice and help during your dilemna.

26

lowprofile:

if it bothers you that much, take your toys and go home.

Tell them No! burn that bridge and move on.

Otherwise, capitulate, and take your lumps. We have given our advice.

Rev

27

Boy, guys your are TOO sensitive. The legal things look very similar what is wrong with letting the guy know that these guys have the same thing posted as he did post.

And who cares!? I just came accross it - and noticed. Note! I said he copied it OR they copied it!? so why get so UPSET?!

boy you guys…

I mean they were both #9 even! Why get so upset that I pointed that out??? unless you have some other reason…

ANd UnFLUX please - WHO CARES, anyone is allowed an opinion. When I saw your site these things total stuck out to me, never said it was a copy of their site, you could see the influence just sticking right out, just like you said they influenced you. WHY spazz out just becuase someone can see your influences!

lostinbeta You had the wrong ones:

SITE I LISTED:
9. Web Design Project Copyright.

RWG Internet Service owns copyright to the finished web design site produced by RWG Internet Service. 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. RWG Internet Service 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 page with a link to RWGInternet & Marketing web site.

UNLUX GUYS:

  1. 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.
28

It’s a dream of mine to be mentioned in the same breath as 2a,
believe me. But not ever in the context that I took anything from
them other than inspiration.

I don’t appreciate that, because I’m a professional, who takes his
work and his business very seriously. You ask me, why should I
get upset?

THAT’s why I’m upset. :bad:

Too sensitive? Obviously more than one person reading your
posts agree that it was inappropriately worded, whatever it was
that you meant by it.

You ask who cares? I do. It’s my work, and my site. I realize
that not everyone likes my site, but to blatantly claim it as a rip in
any sense is uncalled for.

THAT’s why I’m upset. :bad:

It’s already been said, I used the same template they did. It’s a
universal and widely used template, so it’s probably not
uncommon to visit tons of sites and see the same thing. Nobody
took anything from anyone, it’s a template.

This is probably the part of it all that bothers me the most, is that
anything I’m associated with, even my text, documents, etc are
rips in any fashion.

THAT’s why I’m upset. :bad:

As Rev said: It’s time for me to move on. I wish you good luck
with your future endeavors.

I’m done on this thread, and I hope you got what you needed out
of it. All I got, was accused and angry.

29

You make no sense:

I only see a second person posting who made a WRONG quote!

You are upset becuase I pointed out you have the same documents ‘practically’ as some other guys.

It is the truth - you just admitted it - so whoooppy !!!

Your site resembles many 2a ‘wing dings’, whoooppy!!! Who cares!?

Just like you might say some new band sounds like another famous band, that is your opinion - and people can draw their own conclusions.

If you are going to make such a fuss over this and blow it out of proportion then - yes - lets make some crazy statements: as soon as I was watching your site 2a popped into my head… OH WELL - cry me a river now…
even your 'little windows on the examples section slide the same ways 2a’s do at the moment… oh no…

It is an OPINION JUST LIKE ALL BOY BANDS SOUND THE SAME !!! OH, NO !!!

If you paint in using some persons style, don’t be all upset that someone can see that.

You already admitted they influenced you-

it is obvious.

30

I think the point unflux was making, was that you came here for help, and ended up criticizing unflux’s site, and methods.

And then you wonder why he is upset?

for someone with only 20 posts to his name, and no homepage, you seem to have a lot of opinions on unflux’s site…

if you critique, expect to get rebuttals. If you word that critique badly, expect more.

Rev

31

this is a post i saw a while ago…

copyright info and advice

this is just advice…not legally binding or anything…

another example can be found here

more advice

from experience it is always better to agree and sign off any project you undertake with a client…

have a decent set of terms and conditions drawn up by a solicitor or do a search 4 1 on the web…

its called a CMA document…cover my ***

we maintain a policy that the client will own copyright of any logo we create for them after final payment, but we retain full copyright of all working files…

as the first example URL says, a photographer would never hand over a negative bcoz you are then giving someone the ability to recreate your work; your client is paying for a finished article…NOT a templ8 they can sell on…

hope this is of some use…

::::: AnOraK :::::

32

This is a fact.

If you or anybody creates a text or a image or something that is original then the copyright to this is yours.

You can stick a C or a shewinggum to it. The thing is you have to verify that you are the original creator where the buisness of registering your “art” comes in.

But as long as you have the means to back this up (the original creator part) you are untouchable.

This from a writer who struggled with the same problem and his friend who is a lawer.

33

But…
This is the case here in nothern europe…and american law has a way of “renewing it self” so if thats where your at…good luck you´ll need it.