Re: FN-FORUM Rights of a site

date posted 1st March 2002 14:17

Surely they'd be number one for the title of the home page as a phrase and
their business name. Tell them they're just not searching for the right
thing ;-p

Kathy
----- Original Message -----
From: "Neelesh" [EMAIL REMOVED]
To: [EMAIL REMOVED]
Sent: Friday, March 01, 2002 1:44 PM
Subject: Re: FN-FORUM Rights of a site


> Thankyou all for help on this.
> We were fortuante to cut the site the minute they started getting narky so
> they have no copies of anything. The contract does state that if they want
> to suspend payment or terminate the contract they contact us with 7 days
> before doing so. They didn't do that although their reason for suspending
> payment is the site is not listed as number one in the search engines (we
do
> provide a monthly search engine submission which we undertook for them,
but
> did not garantee number one placement..!). As far as I see it they broke
the
> contract and so have no rights for anything, they've held back payments
for
> hosting since June 2001 and although the amount is not huge (small enough
to
> cut our loseswith no harm) if we can reclaim that debt through the release
> of the sauce files then all the better.
>
> Anyway.. got to get on the blower to them now, he's called 4 times so far.
>
> Cheers again, will keep you posted.
>
> ----- Original Message -----
> From: "Sean McManus" [EMAIL REMOVED]
> To: [EMAIL REMOVED]
> Sent: Friday, March 01, 2002 11:52 AM
> Subject: Re: FN-FORUM Rights of a site
>
>
> > At 09:51 01/03/02 +0000, you wrote:
> > >We've recently turned off a site due to non payment and inspite of our
> > >offers of good will to clear up the debt the client has still not
offered
> > >anything in return. Unfortunately the contract is a bit of rubbish
drawn
> up
> > >by a complete fool and does not say anything about the digital rights
of
> the
> > >site artwork and files. It does go on about the database which is part
of
> > >the site and the licencing of the data and does state clearly that this
> > >cannot be altered, copied, redistributed etc by the client but nothing
> about
> > >the appearance or interface.
> >
> > I looked into this for my book, Small Business Websites That Work. I was
> > told that there is copyright in both the appearance of the site and the
> way
> > it's coded. I don't think the copyright transfers unless it's in the
> > contract. There's nothing to stop them getting someone else to copy your
> > design (or even download and adapt it) unless you're prepared to take
> legal
> > action. Unless they owe you an awful lot of money (or a little amount
you
> > can take to the small claims court), I'm guessing you don't particularly
> > want to do this.
> >
> > >Who has the rights on the files?
> > >They've approached a third party to host the files and want them, I've
> > >offered them with a release fee and they are contesting that fee.
> > >Considering they breached the contract by non payment don't I have the
> > >rights to tell them to stick it?
> > >Anybody have any words of advice on this...
> >
> > The practical issue here is that if they really do owe you money (and
this
> > is uncontestable), you've got nothing to lose by denying them the files:
> > they can't sue you if they're in the wrong. If they're leaving because
of
> a
> > problem, or a perceived problem, in dealing with you, it gets more
> difficult.
> >
> > It will cause problems if your fee is packaged as a fee for releasing
the
> > work that they've commissioned you to do. It makes more sense to clarify
> > that you're looking for settlement of debts before you'll release the
> > goods. If it looks like extra fees that weren't in the contract, this
> might
> > be interpreted by some to be unfair trading restriction.
> >
> > There's a point at which the work chasing bad debt stops being worth the
> > hassle and your time is better spent creatively generating new business.
> > It's worth knowing this point at the outset and evaluating whether it's
> > worth your hassle to chase however much money it is. You either need to
> > pursue it to resolution without stopping, or just let it drop early.
> >
> > Sean
> >
> >
> > ---
> > Sean McManus - www.sean.co.uk
> > Author of 'Small Business Websites That Work' - www.sbwtw.com
> > Co-author of 'Quick Answers to Web Marketing Questions'
> >
> >
>
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