Can I protect a site I've created?

User 317425 Photo


Registered User
76 posts

I've designed a site - here's the URL http://www.debswebs.com.au/chamber2010/index.html
At the moment the site is still under construction but there is talk that this particular site may be handed over to another organisation. There has been alot of water under the bridge with this particular site which I won't go into here but it has involved alot of work inasfar as material etc. The legwork has mainly been mine as I've done this site on a voluntary basis for a small, battling community and I'm loathed for all my hard work to simply be handed over when funding suddenly becomes available for the project :/ Is there any way I can protect the design and content with my name on the work, as proof that it is in fact mine??? I've never had to do this before. Just wondering what measure may be taken to protect my own interests. Thanx all.
User 184085 Photo


Ambassador
1,707 posts

Unless you have a written agreement otherwise, or your design was performed as part of tour employment you should own the copyright on it automatically, the best course of action is to document your design via screen shots and possibly have it notarized with the date etc, then you can negotiate a copyright compensation package.

All this being said however, you do have the original graphics you created to back up your claim, but 2 big questions are, were you asked to do the design in the first place; and, what are the odds of some company swooping in and using your design to satisfy their end of an agreement then charge for work they never did?

I can understand water under the bridge, water has a tendency to do that, but is there a possibility to open a dialogue with the organization and ask "are you planning to keep my design or start from scratch?"

They may be planning a wholesale re-design, or spontaneously realize that you should be compensated.

Anyway, here is a screenshot of the site as it was today
Attachments:
Volunteering to help :)
http://www.tbaygeek.ca
My HTML play area
http://www.tbaygeek.ca/test/
User 364143 Photo


Guest
5,410 posts

It sounds as if you answered your own question.
I've done this site on a voluntary basis

You agreed to provide them with a website without compensation. So I'd say they own it.

It is sad that you were good enough when the work was provided for free but now that funds are available, you are not good enough.
CoffeeCup... Yeah, they are the best!
User 317425 Photo


Registered User
76 posts

I was asked to do the site and it was a great learning curve for me using CC software. The benefits were simply the experience I gleaned doing something with a bit more of a corporate slant. I think they're planning a site from scratch which would put things back where they originally started but that's not my concern. I just want to cover my butt in case they're planning on using my own content and layout etc as it has taken a while getting all parties happy with the way things currently are (personal tastes and opinions obviously are a big factor in this particular equation). Sadly, monetary gain can taint human nature sometimes which seems to be the case here :/ Thanks for your input!
User 38401 Photo


Senior Advisor
10,951 posts

You can always put it back the way it was before. If you've created your own images for it, take them out, basically put it back how it was if you can and call it good until they decide what they will do with it. Just because you agreed to do it for free, doesn't make them owners of your work or hard spent time researching things for them etc. That's really about all you 'can' do about it since you agreed to work on it without compensation, but nothing says you have to leave your work on it. Since it doesn't sound like there's any contract between you, then that works as much for you as it does for them. Good luck on it however it works out. Chalk it up as a lesson learned also.

I do voluntary sites for a few different non-profit organizations that I've donated my time and work to, and any of them could at any time decide to hire another person and pay them for the work. My only protection is that I have all the info to the server and they don't, so if they decide to have someone else work on it they are free to do so... on any other server they like lol. Just an example of course, as I don't think they will ever do that, but that's one thing you can try to do for your free work. Other than that, not much you can do to protect things without a contract.
User 364143 Photo


Guest
5,410 posts

So what your saying is that if they ever decide to pay someone else to update their website, you will sabotage the current site because you have access to it and feel you legally own the work? I'm curious as to what the law actually has to say about that.

Better to take the higher road and walk away with grace, I think.
CoffeeCup... Yeah, they are the best!
User 38401 Photo


Senior Advisor
10,951 posts

Actually since I provide the free space on my server for it, they are perfectly welcome to build their site anywhere they like, but no, I won't give someone else the information to access it or create an account for a site I created free for someone. Since I was asked personally to do so, I don't feel obligated to extend the offer if someone else is taking it over unless of course I'm handing it to someone because I don't want to do it anymore. If I had taken over the job from someone else and the site was already up and running somewhere, then that would be different.

In the case of Miniboo's situation, I also would have no qualms with putting the old site back (which I always keep backups of) the way it was if they were to decide to "pay" someone and it wasn't me. I would once again not feel obligated to give my work to them when someone else was going to be paid for it and they never felt it necessary to pay me. (granted if my work were totally inept it would be understandable, but not if my work were done to their expectations). I would feel perfectly justified doing so, it's not as if there's a contract, and if nothing is signed, then danged straight I would do it.

There's no contract Tom, the law couldn't say anything as long as I put it back how it was when I got there they are out nothing. I'm not "that" graceful lol :P
User 38401 Photo


Senior Advisor
10,951 posts

I would also like to add that I would most likely give them the site info (html, images etc.) that go with the site that's currently up, in the end I see no reason not to since I did it for a non-profit organization what would be the point of not letting them have that. The server I would not give though. All this in my own circumstance of course, not Mini's :P
User 562592 Photo


Registered User
2,038 posts

Miniboo, I agree with you. I had the same thing happen to me. You do have a right to your work under "intellectual property" laws. That is, assuming your in the states.
The philosopher has not done philosophy until he has acted upon the mere conviction of his idea; for proof of the theory is in the act, not the idea.

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User 364143 Photo


Guest
5,410 posts

Were you awarded a judgment concerning your intellectual property rights infringement?
CoffeeCup... Yeah, they are the best!

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