[thelist] Definition of what ASP is?

[the head lemur]

> where do we draw the line
> between the programmer's rights and the client's rights...
> When you create a plain HTML site and you hand the final product to the
> client and you get paid in full then the client owns the right ot the
> page in full right? Or not?

Yes, No, Partly.

When you agree to provide a service, in our case websites, you are creating
something that did not exist before.

You are providing services that on a weight basis can be more expensive than
cocaine or diamonds.

The nature of websites despite being 1's and 0's on a harddrive somewhere,
being accessible to anyone with an internet connection and an address, do
have a fixed form and as such are works of authorship, protected by
copyright.

In the United States and the 150+ countries that are signatories to the
Berne Convention on Intellectual Property and Copyright, copyright is
conferred upon creation.
http://www.loc.gov/copyright/circs/circ1.html

Because you created the site, the site belongs to you.
That is the beauty of copyright.
The agony is that the client assumes that since they paid for it, it belongs
to them.

The dillemma here is how to satisfy the client and to remain in business. If
you are doing this for a living, you need to formalize your relationship
with your clients.

Enter the Contract.

If you have scanned the copyright link above, there are two basic situations
for developing a contract.

1. Retaining and assigning copyright.

Under this methodology you develop the website, retain copyright, and assign
a limited, exclusive or non exclusive right to portions of the work to the
client.

It gets more confusing.

If the client already has a branding device such as a logo, is it
unencumbered by copyright from the person who created it? Client materials
that are re-purposed for the web like brochures, press releases, Trade show
kits, ect., also need to be checked.

In the case of a client who is affiliating themselves with a third party,
any graphics, logos, trademarks, service marks or intellectual property and
or copyrights must be secured by your client and need to be explicity
explained that it is the clients responsibility to secure these rights, for
you to keep your butt out of court on a copyright ot trademark infringment
lawsuit. You will also need to have copies of these assignments on file as
you develop. Trust me on this one.


2. Work for Hire
Work for Hire is the other major type of development contract.
This is the classic money for stuff deal.
I build it, you pay for it, it is yours to do with what you will.

I retain portfolio rights to the orginal deliverables. This allows me to
link to these sites or in the case where someones nephew slashed away at it,
I have a portfolio of work I have done as delivered.
(this helps in the delivered vs. butchered sites show)

A note here..
My contracts covers deliverables only.
Not comps, mockups, or anything else that is not in the finished website.
Client materials, and content are returned.
Copies are retained.

I build exclusively under work for hire contracts.
Why?
Having been down the road of copyright pissing contests, image and site
theft, I do not make money surfing the web for client images or sites, to
spend my days in court demonstrating orgination, or acting as an expert
witness.

I do not make money in court.
I make money at my keyboard.

You cannot serve your clients when you are in court, unless you have
documentary evidence to cover your butt.

Don't feel bad or get discouraged. I too wanted to spend my life building
websites in my backroom in my bathrobe.

Besides help is an email away.

the head lemur
Web Standards
http://www.webstandards.org
Evolt
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lemurzone
http://www.lemurzone.com