[thelist] Copyright best practices for redesigns

[chris]

Interesting scenario,
- company x paid .joe to do the original site, including the javascript -
presumably, they were smart enough to get a usage and modification license
from .joe (my original question arises from the fact that they probably
didn't do that) - retaining the javascript is not modification to the script
itself, so no, I should think there is not an issue with that if only
considering the individual script.

Modifying the javascript is creating a derivative work, which is fine,
provided there is a usage license.  

If there is no usage license, .joe can sue both JohnL and company x for
copyright infringement.  If JohnL. goes on to plagiarize the script for
other paid projects without written permission from .joe, that is clear
infringement.  .joe can sue JohnL for both copyright infringement (up to
$250K punitive) and for the profits JohnL made off using .joe's script.  

I queried the List because I don't actually hear about this happening much,
but the potential is there and I'm curious about how other's broach the
topic with company x who assumed that because they paid for the development
of their website, they own modification rights. No one wants to be the
bearer of bad tidings...but we all want to cover our behinds.

I agree with you re: not wanting to jack up prices to reflect licensing fees
for a hodge podge of scripts -  it's much cleaner to just use my own script
library. I've always been a bit mystified about the whole copyright of
scripts anyway... There are, after all, a finite number of ways to
accomplish tasks in any given language.  Even if I wanted to sign over
copyright... I'd be hard put to explain how I can sign over copyright for
something like a standard contact form that uses standard php functions.
Anyway... It's a bit nebulous to me, but to a client who does not know
anything at all about programming, it's a big scarey world.

-chris    

--> -----Original Message-----
--> From: thelist-bounces at lists.evolt.org 
--> [mailto:thelist-bounces at lists.evolt.org] On Behalf Of Luther, Ron
--> Sent: Wednesday, July 16, 2003 11:57 AM
--> To: thelist at lists.evolt.org
--> Subject: RE: [thelist] Copyright best practices for redesigns
--> 
--> 
--> Hi Gang,
--> 
--> Interesting discussion!
--> 
--> But it leaves me with a question or two (particularly since 
--> the 'redesign' 
--> aspect of the topic line seems to have been overlooked):
--> 
--> <set up /> Let's say that .joe builds a very nice site for 
--> company 'x'.
--> A Cold Fusion site that degrades gracefully and 
--> incorporates an elegant 
--> use of JavaScript.
--> 
--> Some time later, company 'x' hires JohnL. to completely 
--> re-do the site. 
--> JohnL. uses a proprietary report generator and a completely 
--> different 
--> server-side solution -- in short, a complete make-over from 
--> the technical 
--> side ... but, in the course of that make-over notices the 
--> elegant external 
--> JS file and the nice functions therein ... and decides to 
--> keep those 
--> intact (in full or in part).
--> 
--> Q1: That strikes me as "okay". But is it really? Or does it 
--> open JohnL. 
--> and/or company 'x' to some liability issues from disaffected .joe?
--> 
--> Q2: JohnL. likes that JS file sooooo much, he starts using 
--> it for other 
--> customer sites. This strikes me as "not okay". But is it? 
--> Or is it a 
--> 'knowledge gained on-the-job' kind of thing?
--> 
--> 
--> Curious,
--> 
--> RonL.
--> (Who's really not interested in adding 30k of 'credits' to 
--> everything 
--> he builds just because he may have gleamed an idea or a few 
--> lines of 
--> code here and there.)
--> -- 
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