Comments on: FYI: Do You Know Your Freelancing Rights? http://freelancefolder.com/fyi-do-you-know-your-freelancing-rights/ The Blog For Freelancers And Web-Workers Fri, 25 May 2012 02:17:33 +0000 hourly 1 http://wordpress.org/?v=3.3.2 By: Jace http://freelancefolder.com/fyi-do-you-know-your-freelancing-rights/comment-page-1/#comment-41814 Jace Wed, 14 Apr 2010 01:14:14 +0000 http://freelancefolder.com/?p=1054#comment-41814 It's a gray area with the work-for-hire property owning. Apparently it doesn't "apply" to web design but a designer can still be viewed, although freelancing/independent, as a work-for-hire. The bottom line: Put your PHP/CMS stuff as copyright, that stuff is yours, and that prevents your client from copying that code and selling it! Just simply state in the contract that you'd like to use graphics for contests and the portfolio. Make it shared. It shouldn't be hard to convince the client that you'll showcase their logo and possibly give them more business. It’s a gray area with the work-for-hire property owning. Apparently it doesn’t “apply” to web design but a designer can still be viewed, although freelancing/independent, as a work-for-hire.

The bottom line: Put your PHP/CMS stuff as copyright, that stuff is yours, and that prevents your client from copying that code and selling it!

Just simply state in the contract that you’d like to use graphics for contests and the portfolio. Make it shared.

It shouldn’t be hard to convince the client that you’ll showcase their logo and possibly give them more business.

]]> By: Debra http://freelancefolder.com/fyi-do-you-know-your-freelancing-rights/comment-page-1/#comment-29053 Debra Fri, 24 Jul 2009 06:33:41 +0000 http://freelancefolder.com/?p=1054#comment-29053 Hi! I recently parted ways with my boyfriend of 3 years(we lived together). While we were dating, but before he moved in, I spent 1000's of hours building his website, completely unpaid: no money, no gifts, barely a thank you. The website words were his, he paid for the domain name, but the unpaid work and the html coding is mine. Don't I own the work product? Especially since he didn't pay me to do it? We had no contract of any kind: written or oral. Would it be legal for me to go into his domain account and erase all of my work (the entire content of the website), since I own the work product? He still has all of the original wording on his computer, so he would not be losing his words, just the work I put into building his website. Thanks for any help! :-) Hi! I recently parted ways with my boyfriend of 3 years(we lived together). While we were dating, but before he moved in, I spent 1000′s of hours building his website, completely unpaid: no money, no gifts, barely a thank you. The website words were his, he paid for the domain name, but the unpaid work and the html coding is mine. Don’t I own the work product? Especially since he didn’t pay me to do it?

We had no contract of any kind: written or oral. Would it be legal for me to go into his domain account and erase all of my work (the entire content of the website), since I own the work product?

He still has all of the original wording on his computer, so he would not be losing his words, just the work I put into building his website.
Thanks for any help! :-)

]]> By: Larry Walsh http://freelancefolder.com/fyi-do-you-know-your-freelancing-rights/comment-page-1/#comment-20364 Larry Walsh Mon, 13 Oct 2008 00:32:48 +0000 http://freelancefolder.com/?p=1054#comment-20364 Lois, I have read the article on copyright.gov. I have also spoken with an attorney about this. If you read the article it states that unless your are employed, or there is a written contract stating otherwise, YOU the independent contract OWN the copyrights. If there is no contract you own it, not the other way around. The copyright laws set in effect in 1976, give the independent contractor the benefit of the doubt, not the employer. So if there is no contract, once again, the independent contract NOT the "employer" own all copyrights. When you are paid for a project as an independent contractor, you are being paid for a license to use the product, not the copyrights. Check out this article entitled "I paid for it, shouldn't I own it?" to make a long story short, if there was no written contract, then no, you don't own it. Here is the link: http://www.irmi.com/expert/Articles/2003/Warren03.aspx Thanks Lois,
I have read the article on copyright.gov. I have also spoken with an attorney about this. If you read the article it states that unless your are employed, or there is a written contract stating otherwise, YOU the independent contract OWN the copyrights. If there is no contract you own it, not the other way around. The copyright laws set in effect in 1976, give the independent contractor the benefit of the doubt, not the employer. So if there is no contract, once again, the independent contract NOT the “employer” own all copyrights.
When you are paid for a project as an independent contractor, you are being paid for a license to use the product, not the copyrights.
Check out this article entitled “I paid for it, shouldn’t I own it?” to make a long story short, if there was no written contract, then no, you don’t own it.
Here is the link:
http://www.irmi.com/expert/Articles/2003/Warren03.aspx
Thanks

]]> By: Technology Story» Blog Archive » Website You Shouldn’t Have Missed http://freelancefolder.com/fyi-do-you-know-your-freelancing-rights/comment-page-1/#comment-18042 Technology Story» Blog Archive » Website You Shouldn’t Have Missed Tue, 16 Sep 2008 05:12:33 +0000 http://freelancefolder.com/?p=1054#comment-18042 [...] - FYI: Do You Know Your Freelancing Rights? [...] [...] – FYI: Do You Know Your Freelancing Rights? [...]

]]> By: Lois K http://freelancefolder.com/fyi-do-you-know-your-freelancing-rights/comment-page-1/#comment-16686 Lois K Wed, 03 Sep 2008 21:28:13 +0000 http://freelancefolder.com/?p=1054#comment-16686 Matt, I really don't know alot about LLC and S-Corp rules of copyright, but would suggest you look into it further. It is my understanding when you work for hire in a B2B, when the client pays you it becomes theirs. Check with your attorney to make sure though. Matt,
I really don’t know alot about LLC and S-Corp rules of copyright, but would suggest you look into it further. It is my understanding when you work for hire in a B2B, when the client pays you it becomes theirs. Check with your attorney to make sure though.

]]> By: Matt http://freelancefolder.com/fyi-do-you-know-your-freelancing-rights/comment-page-1/#comment-16674 Matt Wed, 03 Sep 2008 18:11:30 +0000 http://freelancefolder.com/?p=1054#comment-16674 What if you are incorporated (LLC, S-corp, etc.) and it's a business-to-business transaction? Are you working for hire at that point, or is it just a transaction between two corporations? What if you are incorporated (LLC, S-corp, etc.) and it’s a business-to-business transaction? Are you working for hire at that point, or is it just a transaction between two corporations?

]]> By: Lois K http://freelancefolder.com/fyi-do-you-know-your-freelancing-rights/comment-page-1/#comment-16447 Lois K Mon, 01 Sep 2008 12:39:43 +0000 http://freelancefolder.com/?p=1054#comment-16447 Hi everyone, @ Greg-If you work for someone else and they pay you for it, it becomes their property and they can lay total claim to it. Like some of the articles I write. Because I work for hire, I specifically ask for a byline (credit) even though I agree to give the copyrights to the people that hire me. I also have permission to show them in my portfolio to other prospective clients. Thanks for the question! @kb241-Do a little more research on the copyright website listed above, but it sounds like you might. When all else fails, consult a qualified attorney for specifics. At any time did you have anything in writing? Did they have to sign off on design specs or layouts? Even if its on a napkin and all the parties agree to it, it is still considered a contract. Good luck! Hi everyone,
@ Greg-If you work for someone else and they pay you for it, it becomes their property and they can lay total claim to it. Like some of the articles I write. Because I work for hire, I specifically ask for a byline (credit) even though I agree to give the copyrights to the people that hire me. I also have permission to show them in my portfolio to other prospective clients. Thanks for the question!
@kb241-Do a little more research on the copyright website listed above, but it sounds like you might. When all else fails, consult a qualified attorney for specifics. At any time did you have anything in writing? Did they have to sign off on design specs or layouts? Even if its on a napkin and all the parties agree to it, it is still considered a contract. Good luck!

]]> By: Websites You Shouldn´’t Have Missed in August http://freelancefolder.com/fyi-do-you-know-your-freelancing-rights/comment-page-1/#comment-16336 Websites You Shouldn´’t Have Missed in August Sun, 31 Aug 2008 20:11:08 +0000 http://freelancefolder.com/?p=1054#comment-16336 [...] - FYI: Do You Know Your Freelancing Rights? [...] [...] – FYI: Do You Know Your Freelancing Rights? [...]

]]> By: Resources for Freelance Web Designers » Anidan Design http://freelancefolder.com/fyi-do-you-know-your-freelancing-rights/comment-page-1/#comment-16232 Resources for Freelance Web Designers » Anidan Design Sat, 30 Aug 2008 22:57:52 +0000 http://freelancefolder.com/?p=1054#comment-16232 [...] Do You Know Your Freelancing Rights? - Important information about your rights as a freelance designer [...] [...] Do You Know Your Freelancing Rights? – Important information about your rights as a freelance designer [...]

]]> By: kb241 http://freelancefolder.com/fyi-do-you-know-your-freelancing-rights/comment-page-1/#comment-16222 kb241 Sat, 30 Aug 2008 20:20:37 +0000 http://freelancefolder.com/?p=1054#comment-16222 Awesome article. I'm glad you brought this important subject up. Just to clarify, if I (as a freelancer) do work for someone for free (without contract), do I retain ownership of the copyright? Here's my specific situation. I did a website for a family member for free out of "family service". I took their logo and created a custom web design and code for the entire site! I then hosted the site on my server for 2 years. They became frustrated with me "personally" and asked to no longer be associated with me and asked for their "website files". I told them that those are my files and that if they want them they need to pay for them. Am legally protected by making such claims? Awesome article. I’m glad you brought this important subject up. Just to clarify, if I (as a freelancer) do work for someone for free (without contract), do I retain ownership of the copyright? Here’s my specific situation. I did a website for a family member for free out of “family service”. I took their logo and created a custom web design and code for the entire site! I then hosted the site on my server for 2 years. They became frustrated with me “personally” and asked to no longer be associated with me and asked for their “website files”. I told them that those are my files and that if they want them they need to pay for them. Am legally protected by making such claims?

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