Legal Question in Intellectual Property in California

Web content ownership?

To gain new business, I offered to make a client a web-site free-of-charge provided that I was the one who was running the website. The client has now decided to go to another designer and is demanding the website. As the designer do I have to legally give him the site? Since it was not paid for, and I offered it on the condition that I was the one running the website, does he have any right to the content? I have not hired a lawyer, but he is threatening me. Any advice?


Asked on 10/08/03, 2:00 pm

2 Answers from Attorneys
Sheldon G. Bardach Law Offices of Sheldon G. Bardach

Re: Web content ownership?

If there is material on the website that may be considered his property, i.e. copyrighted material, you will have to delete it. The structure of the sight as you've built it is yours under the terms of your agreement. Hold to your position, but be amenable to settling this dispute.

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Answered on 10/08/03, 2:05 pm
Timothy J. Walton Internet Attorney

Re: Web content ownership?

In the absence of a written agreement transferring ownership of the web site, the one who creates the site owns the copyright.

Registering the copyright with the U.S. Copyright Office is not expensive and could save hassle in the long run. Feel free to call me for more info about copyright registration.

Timothy

(650) 842-8481

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Answered on 10/08/03, 11:44 pm


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