Re: [flasher] developers creative question

[Catherine Kunicki]

Hi.


In the US, if you did the project as "work for hire", (ie, you designed the

flash map on the premises of and FOR the company that initially contracted

it) the artwork belongs to that company, not to you. If you designed it as

an independent contractor - in the US, this means that you don't

neccessarily work on the premises and you bill as a separate entity), then

the ownership depends on your contract.


(BTW, totally off topic, "Work for Hire" has been a big issue in the US

between artists and  copyright and labor law. You could probably dig up more

information about it at the Graphic Artists Guild -  http://www.gag.org/)


Some software contracts are so tight that the author - if he or she later

followed it to the letter of the law - could potentially prevent the author

from ever using a language's built in functions and commands. These probably

couldn't really hold up in court, but other software developers who have

used their "suite" of personal handlers in later projects have been

challenged for re-using their OWN code.


If its an important $$ project which should include a contract you should

ALWAYS have a lawyer or advocate check it out first.


Anyhow, if - as with most of us - the contract was a little more casual or

that you were billing at a rate which assumed continued maintenance,

sometimes a nicely worded letter from a lawyer can get them to give you a

little money before you hand it over on the basis that you would have

charged more for it if it was to be purchased as a whole to start out with.


Longer ago than I care to mention, a client was trying to get something I

made for video display in US clubs and going to air it in Brazil on TV. Our

lawyer - although the client really DID probably own the rights to the stuff

since it was their footage to start out with - got us another $20,000 for

the release of "worldwide rights". Our attorney was worth every penny of

whatever his cut was of that particular bit of stick shaking.


good luck,


where is .za anyhow?


catherine




>

From: "lamb.rob" <lamb [dot] roblavaflow [dot] co [dot] za>

> Subject: [flasher] developers creative question

> 

> Hi

> 

> I am sure that there have been tons of strings with regards to this kind of

> thing but I hope that somebody can help me out.

> 

> I was working at a company and we developed a site www.midlandsmeander.co.za

> In this site there is a map that has been developed using flash and it

> integrates into the site with asp etc etc etc.

> 

> Since I have left the company (that doesnt exist anymore) I have done

> updates to this particular site and upgraded, redeveloped and improved on

> the flash map.

> 

> Recently the people that the site was developed for have decided to change

> service providers and at the same time have approached me and asked for my

> ..fla for the map as they want to be able to have their new isp upgrade and

> maintain the site.

> 

> I have refused this and it now looks as if its going to turn out to be a

> legal battle.

> 

> Am I in my rights as a designer to have refused them the fla and should I be

> picky about the asp source?

> 

> Could someone give me some advice here and/or give me some links to legal

> info with regards to this

> 

> Any help would be greatly appreciated.

> 

> Many Thanks

> 

> Rob Lamb

> Webmaster

> Lava

> http://www.lavaflow.co.za