I created a web site for a not-for-profit organization.
I obtained the URL, designed and published the site from home with my own equipment, and got free space from an ISP. This was voluntary.
Now the organization has decided they want it turned over to someone else. This is all fine, but they went around it the wrong way. They told me I would still have creative control, and to just email EVERYTHING and the password to this person. I did that, and then they kicked me off the web site. They also changed the password, and have all of my designs. They have also redesigned the site using my graphics and forms. They have lied to me and stolen my graphics.
Do I have a right to tell them that they may not use my designs, graphics and forms? Would I be able to take legal action if they do use them?
We are in the same state, the software is mine, the designs are mine, and I have spent 250 hours doing all of this.
First of all, it wouldn’t hurt to register a copyright for the graphics. That would help you in any legal battle. Without registering, the best you can do is to tell them to take them down. There are provisions for registering something after it’s been published; check the copyright rules at http://www.loc.gov/copyright/.
The graphics are most likely yours. The one issue is whether this is work made for hire, but since you weren’t an employee, you’re probably in the clear (though they might claim in court it is work for hire).
So your first action is to register the copyrights. Next, find a lawyer to send them a nasty letter. That may be enough. If they play hardball, though, it’ll have to go to court. The good thing is that you can force them to pay your legal costs if they lose (if you’ve registered). That may be enough to get them to take things down.
The ownership of the designs might be a bit more complex. If you’re serious, talk to a lawyer who specialized in intellectual property.
I’d also want to know whether you bought the Domain in your name or theirs and, if in theirs, was it with your credit card.
If it’s in your name, the games over and you win so I guess that’s not the case. The fact you bought it for them might be useful, if circumstantial, evidence in your favour.
Isn’t there anything in writing that outlined the original agreement and/or subsequent developments ?
<–trained as a Lawyer some time ago, not practising–>
Actually, if you did the site for them and the graphics for them, then it is thiers.
You can feel slighted and you have every right to feel that way from what it sounds like. The fact remains, once you did the work for them, it was no longer yours.
Actually, I think the lack of a contract (and presumably the lack of employee status on the part of the creator, and the lack of formal assignment of CR) would favour the creator.
Side note: they called the ISP and had them lock me out of ALL of my accounts, not just theirs. Denial of Service?
-There was no contract, it was a “Hey, you don’t have a web site. Would you like me to create one?” The work was purely voluntary, not paid.
-I used my credit card and they reimbursed me for the URL.
-Internet connection, CPU, software all mine. Design, graphics, form and layout mine.
-When it was all done, they kicked me in the ass and took all of it, and locked me out so I could not remove my graphics or work.
Real nasty bunch, this group. You would be surprised who it is. (Hint, look at my user name)
Locking you out of all your accounts is wrong, but might be fine if they did remburse you for that as well.
you said:
Now the organization has decided they want it turned over to someone else. This is all fine, but…
but its not. If it was you would just call them all assholes and let it go at that. You did it all on your own for them, and they said f**k you very much. Lesson learned I should think.
CandyMan
Sorry, but all of my experience in the pre-press and publishing industry is that you are wrong. Without a specific written contract specifying the transfer of ownership to the client, ownership ALWAYS resides with the creator of the work. That’s why most of our contracts have the ‘Work-for-hire’ clause identifying that the holder of the copyright is the client, not us. I also believe that in modern copyright law, registration, while helpful, is completely unnecessary to establish a copyright. I’ll look for some cites and get back with you.
IIRC, all that the registration does is create a rebuttable presumption that the CR belongs to the person the registry says it does. Note the word “rebuttable”. The other party can always provide evidence to the contrary.
Web sites are like real estate. You visit a house, design new furniture, artwork, etc, then one day they won’t let you in. I would guess they own it all…
Generally, the copyright is owned by the person (or persons) who
create the work. However, if the work is created by employee within the
scope of his or her employment, the employer owns the copyright because it
is a “work for hire.”
Say you are a good painter, and a freind of yours asks you to paint a picture for him. You do so and he hangs it up on his wall. This freind then sells it to someone else, claiming that is his, doesn’t tell you and doesn’t give you anymoney. Wouldn’t that be extremely unlawful?
I think this analogy would work.
Say you are a good painter, and a freind of yours asks you to paint a picture for him. You do so
and he hangs it up on his wall. This freind then sells it to someone else, claiming that is his,
doesn't tell you and doesn't give you anymoney. Wouldn't that be extremely unlawful?"
Not at all. Thomas Kincade does that all the time, check him out here.
This alone (IMHO) breaks the work-for-hire theory. They didn’t supply the material, the place, or the equipment. They didn’t set your work schedule. Sounds like the majority of the work-for-hire conditions have NOT been met. There was no actual or implied employer/employee relationship established or assumed.
I think what it is going to boil down to is this question:
Is a volunteer an employee?
If a lady does work for the red cross and someone there harasses her, are they liable for sexual harassment? Does the OP qualify as Work-for-hire, etc.
CandyMan, defending on principle would cost a fortune, far more than his work is worth. But then he can always start a new web site: xxxxxxxxsucks.com & give his side.