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Subject: Re: FLASH: Giving out source files
From: Sienna
Date: Mon, 17 May 1999 01:57:36 +0100

Hi Alias,

Welcome to the list btw.

When I design a site I have a contract I wrote which clearly defines
copyrights and ownerships. My clients know up front that the fla files
belongs to me. When you bought Windows 95, did Bill Gates give you the
source code? I don't think so. It's proprietary. Same with your codes.

In fact, not all of my clients own the rights to the swf files unless prior
arrangements are made. Each case is different. I have one client that
doesn't know how to update shockwave sites so we wrote it up that all their
sites are leased to them. If they wreck the site, they pay us to fix it and
no one else..(we have the source codes)

What I do is make the source codes available at an extra fee (to high to
purchase and if they can afford it, I'll smile all the way to the bank and
could care less if they learn my secrets). Just remember though, if you
give up your source codes, they can learn how you built their site and may
not need you for anymore sites. I have a client right now that wants me to
teach him how to do their shockwave sites and clearly admits that he wants
to go off on his own and do sites. Oh, did I forget to mention they don't
want to pay for the training?

Anyways, keep the codes. I had my attorney look over the contract and he
marked the things that needed to be reworded. The contract went through
some tough moments and hashing it out but the client finally signed it.
His words were, look at this way, at least now you have a perfect contract
for all the other clients!

Sienna





At 12:46 PM 5/14/99 +0100, you wrote:
>
>Hi guys...
> Just a question regarding general business practice: what do you
>guys think as regards giving out your fla. files? Do you consider this to be
>your property alone (like the negatives are the property of the
>photographer) or
>that it is part of the deal? I've recently had a client ask for the fla file
>& I'm not
>sure what to do. Maybe it's just from working with old school software
>developers
>but I kind of feel that I alone should have access to the source file. What
>do you
>think?
>
>Alias|Rob
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Replies
  FLASH: Giving out source files, Robert Cummins

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