The designer currently hosts the website that he built for me on his own server. I would like to move back to my server again (so I can have access), and I want to know if I can use the code for the same site that he built for me. We had no written contracts, only a verbal agreement as to how I wanted the site to work, and a verbal agreement that with the price, he would host the site for one year.
2007-02-15 00:03:43 · 8 answers · asked by Matt Richmond 2 in Computers & Internet ➔ Programming & Design
Whoa! Whoa! Whoa Buddy! You should have never entered a "verbal agreement" when it comes to this situation. You have gotten yourself into a tricky predicament, because IT IS possible for the designer to claim the rights. As it is with any freelance business, the designer owns the rights unless, he has sold the rights over to the client, and this must be in writing. YOU ARE his client. To make this a little more clear, referencing from a previous answer to this question about "common knowledge". It is NOT that simple.
It is true that the "website" belongs to you (because like the man above said, you bought it), BUT you DID NOT buy the "copyright". (two separate things)
If I were you, I would deal with this issue on a very cautious level. If you speak to the designer, if he is nice enough, and it sounds like he still amateur business practices...maybe he will LET YOU have the copyright.
Good Luck
2007-02-15 00:30:24 · answer #1 · answered by Anonymous · 0⤊ 0⤋
You own the web site and have the right to copy and move it.
However, if the designer made it to work on his server, it is probably designed to interface with scripts and utilies he has on his server. If you move it to a different server, where those same scripts are not available, or in different directories, the web site may not function.
If you committed to having the site hosted for a year, I would recommend that you fulfill that agreement (Or offer to pay him for the rest of the year). Otherwise it would be very simple for him to make sure the site will not work with your new host. You want to stay on good terms with the designer if possible. You will probably need his assitance to get the site up and working properly at its new location.
2007-02-15 00:10:53 · answer #2 · answered by dewcoons 7 · 1⤊ 0⤋
it totally depends whether it is stated in the contract. before you actually go ahead with the project, you have to make sure what rights you (as the client) and them, the designers, hold over the website after completion.
if there are no written contracts in your case, usually the designer holds the rights to all intellectual properties for he was the one creating/designing it. It is controversial and debatable though because you are the one who, first of all, paid for it, and secondly, asked him to build the site specifically, the way you want it, so you are the "designer" and the designer is more like a "tool" (your pencil wont have the right to your artwork even tho it "makes" the drawing, for you are the one who decides what goes where).
in this case i think it depends on how much of the site designing/layout is based on your criteria on how the website should be OR how much designing and creation of the page did the designer put in.
you are in a rather sticky situation. with no written contracts it would be hard to fight over rights. you definitely can ask to bring the page onto your own server to host for you have paid for it, but for how much you could modify, you would have to talk to the designer himself to figure something else.
Good luck and hopefully the next time you get a website made, be clear on what rights you and your designer will hold over the project before you go with it. =)
2007-02-15 00:20:49 · answer #3 · answered by crad1985 2 · 0⤊ 0⤋
You *should* own the site, but if someone is giving you a deal for example, they might be doing it for references, or that they will serve it themselves, etc. Basically, when you hire someone, unless it's explicitly stated that the person who did the work keeps the rights, the buyer gets the rights, but you won't be able to uphold that in law without a contract.
Never do verbal agreements...especially when dealing with IP rights and with car salesmen.
2007-02-15 00:08:08 · answer #4 · answered by Anonymous · 1⤊ 0⤋
You would own the rights since you would be purchasing the domain name (like yourname.com). Also whoever designs your portal will have to turn in all source code written along with any design documentation that might have been produced during the project.
2007-02-15 00:46:09 · answer #5 · answered by sinkablehail1978 5 · 0⤊ 0⤋
I would expect you are the legal owner of your website, if you in fact did pay a monetary fee for the services. (The same as if you purchased something with money at the store), it would belong to you. In other words, you paid a price.
2007-02-15 00:11:47 · answer #6 · answered by S R 1 · 0⤊ 0⤋
It's a contractual issue. I reluctantly grant rights to my work to the customer, if they insist on it. No contract, the author owns the work.
You're going to have to negotiate.
2007-02-15 00:19:49 · answer #7 · answered by Meg W 5 · 0⤊ 0⤋
In the US it is known as a copyright. You can contact them over the web. I own several.
2016-05-24 02:58:00 · answer #8 · answered by ? 4 · 0⤊ 0⤋