Designers and Copyright Law

[Pornweaver]

Pertaining to site designs, I have a few questions that maybe some of you can answer. I have read over the U.S. Copyright laws at this URL:
http://www.copyright.gov/circs/circ1.html

And I was wondering a couple of things:
1. If a designer builds a site for their customer, and over time, the customer goes out of business and is no longer using the work that was created for them... Can this work be reused elsewhere if the images used in the design are properly licensed?

2. If the designer does NOT specificly release any copyright to the customer, don't they still maintain the right to use their created works?

As far as I understand, there is no "implied" law pertaining to this, it seems pretty straight forward. I'm just wondering if I am off-base here.

Thanks

[European Lee]

1. If a designer builds a site for their customer, and over time, the customer goes out of business and is no longer using the work that was created for them... Can this work be reused elsewhere if the images used in the design are properly licensed?

Depends on the type of license used for the content.

For royalty free images, generally speaking yes. But for other types of license you would need to speak with the provider of such images / content.

2. If the designer does NOT specificly release any copyright to the customer, don't they still maintain the right to use their created works?

Yes and no, i think for the most part, specifically in the adult industry the assignment of the copyright is implied at the time of delivery.

As far as I understand, there is no "implied" law pertaining to this, it seems pretty straight forward. I'm just wondering if I am off-base here

Best way to find out is to speak to an attorney

Regards,

Lee

[Pornweaver]

A designer I know was complaining to me about a couple of his customers using his designs for print work. I think it would probably be a good idea for each designer to write up their own "copyright" release agreement and package it up with their designs as well as stating on their site what their terms are, like limited use for a specific domain "web only" use or something. And additional licensing fees for "Copyright Ownership" or "Print Use" should also be drawn up.

[$tandaman]

Originally posted by Pornweaver
Pertaining to site designs, I have a few questions that maybe some of you can answer. I have read over the U.S. Copyright laws at this URL:
http://www.copyright.gov/circs/circ1.html

And I was wondering a couple of things:
1. If a designer builds a site for their customer, and over time, the customer goes out of business and is no longer using the work that was created for them... Can this work be reused elsewhere if the images used in the design are properly licensed?

2. If the designer does NOT specificly release any copyright to the customer, don't they still maintain the right to use their created works?

As far as I understand, there is no "implied" law pertaining to this, it seems pretty straight forward. I'm just wondering if I am off-base here.

Thanks

1. Depends on the agreement

2. i think it's more like they have to explicitly state that they remain the copyright holder, otherwise one would argue, they were working under the implications of industry standards, and currently they are - pay for work, receive copyright

Our contract clearly states, that once the final payment has been made, the client is transferred the copyright for the work, except for our use of the work in our portfolio.

[freeadultcontent]

Originally posted by $tandaman


2. i think it's more like they have to explicitly state that they remain the copyright holder, otherwise one would argue, they were working under the implications of industry standards, and currently they are - pay for work, receive copyright

Better have a damn good lawyer to argue that one to win.
Get paperwork people.