Do you really OWN your site design? Perhaps NOT. - GoFuckYourself.com

Darren · 06-04-2005, 11:36 AM

All freelancers that do not work for your company according to the law own the copyright even if you have paid for the work to be done, they need to sign the copyright over to you. So just wondering how many design firms actually do this and whether as a business you do this?

Correct me if this assumption is wrong BTW but reading up on it now, seems to be the case.

AsianDivaGirlsWebDude · 06-04-2005, 11:46 AM

Quote:

Originally Posted by Darren

All freelancers that do not work for your company according to the law own the copyright even if you have paid for the work to be done, they need to sign the copyright over to you. So just wondering how many design firms actually do this and whether as a business you do this?

Correct me if this assumption is wrong BTW but reading up on it now, seems to be the case.

You are correct.

All design agreements should explicitly state who owns the copyrights.

Freelance designers will often charge more for granting copyrights to a client because it entitles the client purchasing the art to re-purpose the design without paying the designer additional $$$ or royalties.

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xXxtreme2005 · 06-04-2005, 11:48 AM

thanks for this info!

$tandaman · 06-04-2005, 12:57 PM

FYI, Our contract includes the trasnfer of copyright upon final payment

gage · 06-04-2005, 01:15 PM

Quote:

Originally Posted by Darren

All freelancers that do not work for your company according to the law own the copyright even if you have paid for the work to be done, they need to sign the copyright over to you. So just wondering how many design firms actually do this and whether as a business you do this?

Correct me if this assumption is wrong BTW but reading up on it now, seems to be the case.

Almost every contract we sign transfers the copyright. I have advised many mainstream clients that end up w/o a design after a fall out w/ a freelancer.

Definitely should read your contract and know exactly what you want and make sure you're getting it. -g

MikeXAMO · 06-04-2005, 01:26 PM

good post, and gage already covered what I would have said.

xclusive · 06-04-2005, 01:37 PM

yup gotta make sure you are very sure that everything that you want is in the contract before you sign it.

Trax · 06-04-2005, 01:39 PM

in that case I indeed own none of my designs

adonthenet · 06-04-2005, 01:43 PM

thats a prob.

After Shock Media · 06-04-2005, 01:51 PM

Works this way with all creatives and content.

Mutt · 06-04-2005, 01:51 PM

yup - thats how it works in the real world. designer owns the copyright - you can't do anything to your logo/design without going back to the designer and paying him again. you are unlikely in the real world to be given the source files.

Rob · 06-04-2005, 01:54 PM

I've never transferred copyrights for anything I've ever designed. I own so much shit.

TurboAngel · 06-04-2005, 01:57 PM

Turboface has designed all of the site's we have so yes, we own them.

Darren · 06-04-2005, 01:57 PM

Quote:

Originally Posted by HighOnAcid

I've never transferred copyrights for anything I've ever designed. I own so much shit.

Exactly, every designer out there does... In theory you could sue the person using the designs you created, or ask them to take them down.

FilthyRob · 06-04-2005, 01:58 PM

That's a good point

Mutt · 06-04-2005, 01:59 PM

this biz has from the beginning been a very informal one - partnerships are made by verbal agreement or over instant messenger, nothing written down, exclusive content is sold with no paper work other than the model ID's and releases.

copyright always by default remains with the creator unless there's a legal document which states otherwise.

Terry · 06-04-2005, 02:00 PM

good thread!!! thanks for the info.

Darren · 06-04-2005, 02:39 PM

Quote:

Originally Posted by Mutt

this biz has from the beginning been a very informal one - partnerships are made by verbal agreement or over instant messenger, nothing written down, exclusive content is sold with no paper work other than the model ID's and releases.

copyright always by default remains with the creator unless there's a legal document which states otherwise.

That may be the case, but if for any reason you ended up in court, well you don't have a leg to stand on!

AbulletAway · 06-04-2005, 02:46 PM

When I do mainstsream sites I used to do that and sign it over to them. Now I don't really sweat it unless they ask. However, I think it can work against you if you design something for someone and they use but get sued for something on it. I think the designer can be held responsible? But I'm not sure on that.

LadyMischief · 06-04-2005, 02:53 PM

Actually, depends on where you are. Copyright law also incorporates people who "contract" for works of art to be created, and in some cases, the one who commissions the work owns it, because they are paying for the servicse.

Darren · 06-04-2005, 03:19 PM

Quote:

Originally Posted by LadyMischief

Actually, depends on where you are. Copyright law also incorporates people who "contract" for works of art to be created, and in some cases, the one who commissions the work owns it, because they are paying for the servicse.

Indeed it can depend on where you are but 45 countries recently signed the CyberCrime Treaty which now covers intellectual property rights also... (including USA).

Mutt · 06-04-2005, 04:30 PM

like i said in most cases in this biz there are NO contracts - it would just come down to he said/he said in court - and the one who owns the copyright unless there is a contract is the person who created the property.

06-04-2005, 11:36 AM	#1
Darren Confirmed User Join Date: Sep 2001 Posts: 5,994	Do you really OWN your site design? Perhaps NOT. All freelancers that do not work for your company according to the law own the copyright even if you have paid for the work to be done, they need to sign the copyright over to you. So just wondering how many design firms actually do this and whether as a business you do this? Correct me if this assumption is wrong BTW but reading up on it now, seems to be the case. __________________ Penis enlargement / male enhancement pills - earn up to $229.48 per signup ICQ: 46335817

06-04-2005, 11:48 AM	#3
xXxtreme2005 Confirmed User Join Date: Feb 2005 Location: st louis/IL metro area Posts: 717	thanks for this info! __________________ GOT TRAFFIC?.......I BUY TRAFFIC ICQ 318-368-640

06-04-2005, 12:57 PM	#4
$tandaman Pimping 8EZ Industry Role: Join Date: Jun 2001 Location: New Jersey Posts: 3,530	FYI, Our contract includes the trasnfer of copyright upon final payment __________________ CentroProfits.com - Make money with 3000+ Models! ModelCentro.com - Multiple award winning hosted CMS designed to run solo model sites, with affiliate program built in. Launch your model site in 24 hrs or less! FanCentro.com - Premium social network for SWs & Fans!

06-04-2005, 01:26 PM	#6
MikeXAMO Confirmed User Join Date: Mar 2002 Location: Trailer Park Posts: 660	good post, and gage already covered what I would have said. __________________ *Xamo Entertainment* Xamo.com \| EZSets.com ICQ: 9439118 MSN: mikeb [at] xamo.com Tollfree: 800-544-XAMO XXX CMS - Designed by Adult Webmasters, for Adult Webmasters.

06-04-2005, 01:37 PM	#7
xclusive Too lazy to set a custom title Join Date: Apr 2004 Location: Buffalo, NY Posts: 35,218	yup gotta make sure you are very sure that everything that you want is in the contract before you sign it. __________________ I support MediumPimpin.com / Shemp's Outlawtgp.com /

06-04-2005, 01:39 PM	#8
Trax [----------------------] Join Date: Aug 2001 Posts: 14,486	in that case I indeed own none of my designs

06-04-2005, 01:43 PM	#9
adonthenet Too lazy to set a custom title Join Date: Feb 2005 Posts: 16,753	thats a prob.

06-04-2005, 01:51 PM	#10
After Shock Media It's coming look busy Join Date: Mar 2001 Location: "Ph'nglui mglw'nafh Cthulhu R'lyeh wgah'nagl fhtagn". Posts: 35,299	Works this way with all creatives and content. __________________ [email protected] ICQ:135982156 AIM: Aftershockmed1a MSN: [email protected]

06-04-2005, 01:51 PM	#11
Mutt Too lazy to set a custom title Industry Role: Join Date: Sep 2002 Posts: 34,431	yup - thats how it works in the real world. designer owns the copyright - you can't do anything to your logo/design without going back to the designer and paying him again. you are unlikely in the real world to be given the source files. __________________ I moved my sites to Vacares Hosting. I've saved money, my hair is thicker, lost some weight too! Thanks Sly!

06-04-2005, 01:54 PM	#12
Rob I'm a great bowler. Industry Role: Join Date: Nov 2003 Location: Right Outside of Normal. Posts: 13,309	I've never transferred copyrights for anything I've ever designed. I own so much shit. __________________

06-04-2005, 01:57 PM	#13
TurboAngel H.B.I.C. Industry Role: Join Date: Jun 2003 Location: NC Posts: 30,122	Turboface has designed all of the site's we have so yes, we own them.

06-04-2005, 01:58 PM	#15
FilthyRob Confirmed User Join Date: Feb 2004 Location: Anaheim - CA Posts: 6,741	That's a good point __________________ AKA - Clubsexy

06-04-2005, 01:59 PM	#16
Mutt Too lazy to set a custom title Industry Role: Join Date: Sep 2002 Posts: 34,431	this biz has from the beginning been a very informal one - partnerships are made by verbal agreement or over instant messenger, nothing written down, exclusive content is sold with no paper work other than the model ID's and releases. copyright always by default remains with the creator unless there's a legal document which states otherwise. __________________ I moved my sites to Vacares Hosting. I've saved money, my hair is thicker, lost some weight too! Thanks Sly!

06-04-2005, 02:00 PM	#17
Terry Confirmed User Join Date: Jan 2002 Location: Montreal Posts: 1,604	good thread!!! thanks for the info. __________________ TengaCash ICQ: 6776764

06-04-2005, 02:46 PM	#19
AbulletAway Confirmed User Join Date: Feb 2003 Location: Hesperia, CA Posts: 760	When I do mainstsream sites I used to do that and sign it over to them. Now I don't really sweat it unless they ask. However, I think it can work against you if you design something for someone and they use but get sued for something on it. I think the designer can be held responsible? But I'm not sure on that. __________________ 11 MODEL SITES \| NOW WITH PPS Sign up now or your dog will die.

06-04-2005, 02:53 PM	#20
LadyMischief Orgasms N Such! Industry Role: Join Date: Sep 2002 Location: Oakville, Ontario Posts: 18,135	Actually, depends on where you are. Copyright law also incorporates people who "contract" for works of art to be created, and in some cases, the one who commissions the work owns it, because they are paying for the servicse. __________________ ICQ 3522039 Content Manager - orgasm.com [email protected]

06-04-2005, 04:30 PM	#22
Mutt Too lazy to set a custom title Industry Role: Join Date: Sep 2002 Posts: 34,431	like i said in most cases in this biz there are NO contracts - it would just come down to he said/he said in court - and the one who owns the copyright unless there is a contract is the person who created the property. __________________ I moved my sites to Vacares Hosting. I've saved money, my hair is thicker, lost some weight too! Thanks Sly!