|
 |
|
|
|
| Thread title: Possible ripper...? |
 |
|
|
| |
|
Thread tools
Search this thread
Display Modes
|
|
|
04-20-2007, 05:13 PM
|
#11
|
Status: I'm new around here
Join date: Apr 2006
Location:
Expertise:
Software:
Posts: 10
|
Originally Posted by derek lapp 
buying the design doesn't transfer full rights to you. as the creator, he has full rights and permissions over how the media is used. selling it you, he's obviously fine with you owning it and using it. if he doesn't consent to you selling it and making a profit off it, he's able to take action against you.
a very notable case is one that happened in toronto a while ago - someone was contracted to design and create a series of sculptures for downtown toronto. he did it, the city loved it. for christmas, the city decorated his sculptures with lights and wreathes and the designer didn't like it at all, and as he had full rights over how the media was to be used, he took them to court stating they altered the appearance of his sculptures without his consent and he wants them restored to their intended appearance, and he won, because he didn't sign away the rights in the contract.
think of it this way. i bought a cd. it's mine. i own it. if i start renting halls and playing it on a PA system and charging admission i can be sued by the band if they find out.
|
Sorry that is incorrect, look at copyright law or do a quick search on sitepoint for web design law. If we had hired him as "work for hire" to make the design what you said would be true as it is with the toronto case and he would own the copyright to the design. But because he sold the design as a product to us it is not the same legal situation, we own it fully because we bought it as a product.
|
|
|
|
04-20-2007, 05:22 PM
|
#12
|
Status: Request a custom title
Join date: Nov 2004
Location: England
Expertise:
Software:
Posts: 3,515
|
You only own it full rights if it was sold with full rights, you can only resell it if it comes with resale rights....
It IS common practice within the current Freelance Market (at least within in more "budget market") to include these rights so you probably do have the full rights but you shouldn't just assume it because it is actually up to the designer to sell with full rights or not, contrary to what you seem to think.
|
|
|
|
04-20-2007, 05:25 PM
|
#13
|
Status: I'm new around here
Join date: Apr 2006
Location:
Expertise:
Software:
Posts: 10
|
Originally Posted by Bazza`
You only own it full rights if it was sold with full rights, you can only resell it if it comes with resale rights....
It IS common practice within the current Freelance Market (at least within in more "budget market") to include these rights so you probably do have the full rights but you shouldn't just assume it because it is actually up to the designer to sell with full rights or not, contrary to what you seem to think.
|
That is incorrect, please read my previous post. If we hired him to make the design as an independent contractor that would be true but we bought the design as a product. Under us copyright law that is a different rule set and means we own it completely.
|
|
|
|
04-20-2007, 07:27 PM
|
#14
|
Status: Go Baby!!
Join date: Jul 2006
Location: Toronto, ON
Expertise:
Software:
Posts: 1,372
|
But I had rights too. He sold it to me with full rights so I'm not sure what is going on.
|
|
|
|
04-20-2007, 07:30 PM
|
#15
|
Status: I'm new around here
Join date: Apr 2006
Location:
Expertise:
Software:
Posts: 10
|
Originally Posted by Duality
But I had rights too. He sold it to me with full rights so I'm not sure what is going on.
|
Wait he sold you the design as well so he sold two copies?
|
|
|
|
04-21-2007, 03:42 PM
|
#16
|
Status: Sin Binner
Join date: Apr 2007
Location: Middlesbrough, UK
Expertise:
Software:
Posts: 63
|
bwb... Word of advice. Listen to the community and stop thinking you know everything?.. Please?
|
|
|
|
04-21-2007, 06:01 PM
|
#17
|
Status: I'm new around here
Join date: Apr 2006
Location:
Expertise:
Software:
Posts: 10
|
Originally Posted by Zebedi
bwb... Word of advice. Listen to the community and stop thinking you know everything?.. Please?
|
No offense guys but your community is dead wrong, go read sitepoint's legal advice for web developers or copy right laws. You guys are wrong, when a template is sold as a product the rights belong to the buyer. If I hired him as an independent contractor and had him conduct work for hire that is when rights stay with him. You guys need to read the laws, you can't just keep repeating what you say and expect that to matter. I've explained why in this case the template is owned by us and how the laws work, its up to you to learn something from that.
|
|
|
|
04-21-2007, 06:10 PM
|
#18
|
Status: Nixism
Join date: Aug 2006
Location: Nix Yorkism
Expertise:
Software:
Posts: 2,147
|
Originally Posted by bwb
No offense guys but your community is dead wrong, go read sitepoint's legal advice for web developers or copy right laws. You guys are wrong, when a template is sold as a product the rights belong to the buyer. If I hired him as an independent contractor and had him conduct work for hire that is when rights stay with him. You guys need to read the laws, you can't just keep repeating what you say and expect that to matter. I've explained why in this case the template is owned by us and how the laws work, its up to you to learn something from that.
|
Your relating web developing to contractor, which are complete 360's of each other.
When a template is sold, the creator of the template, or the person who is first selling the template, has to mention what the template comes with.
Resale Rights: Are the rights you get to re-sell the design for whatever price you desire.
Full Rights: Are the rights you normally get with the design, which are your rights to ownership and to reuse the design as you please.
Just because, you bought the design doesn't mean you bought it with Resale rights.
|
|
|
|
04-21-2007, 06:11 PM
|
#19
|
Status: I'm new around here
Join date: Apr 2006
Location:
Expertise:
Software:
Posts: 10
|
Originally Posted by .amaZe
Just because, you bought the design doesn't mean you bought it with Resale rights.
|
Actually it does, when you buy a design that includes full rights if you buy it as a product. That is what you guys can't seem to realize.
|
|
|
|
04-21-2007, 06:29 PM
|
#20
|
Status: Nixism
Join date: Aug 2006
Location: Nix Yorkism
Expertise:
Software:
Posts: 2,147
|
Originally Posted by bwb
Actually it does, when you buy a design that includes full rights if you buy it as a product. That is what you guys can't seem to realize.
|
No, no, no...
Your relating web developing to tangible goods, which is absolutely wrong.
|
|
|
|
|
|
|
|
|
|
Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
|
|
|
|
|
Linear Mode
Forum Contains New Posts 
Forum Contains No New Posts 
Forum is Closed