[CLUE-Talk] [Fwd: Copy "rights"??]

[Evan Widger]

this was sent from a mailing list of former web students at my school, i 
thought someone here might have some useful information


-------- Original Message --------
Subject: 	Copy "rights"??
Date: 	Tue, 18 Nov 2003 09:24:07 -0800
From: 	Dawna Foreman <dawna at subtlefx.com>
To: 	graduates at lists.sonic.net



Hello fellow web pros or en route to becoming...

Although we are in the process of handling this matter, Linda suggested 
posted it for replies from others who may have had or could benefit 
from the info that will result in this quest:

We have a long-term client (two plus years of business) with whom we 
have had a monthly retainer for work ("work for hire") who has reversed 
a credit card payment to our company,  and we have documentation of the 
agreement to pay and the time we logged in the month he is revoking the 
credit card charge. We are currently in a process, following the 
protocol with our merchant credit card service provider to recover the 
charge. But I want to get firm info or advice about the web designers 
rights to "take down" changes made to a site until payment is rec'd in 
alignment with copyright ownership of original design and text.

As an aside, this is a client whose business practices have been on a 
fairly slippery slope, including their on again off again networked 
computer system or server, which does not always deliver 
emails...though they are not bounced back to us, so we have no way to 
track when it is occurring. It has been frustrating doing business with 
this company and we decided to terminate our service agreement, 
advising them to find a new local (they are east coast) web master. I 
believe this is possibly a retaliation maneuver on the client's part.

Ironically, the client is in the business of consulting with businesses 
about team building, quality management, leadership development and so 
on.
If we do enter into arbitration or have a lawyer involved, I must ask 
if this is the kind of responsive action our erstwhile client is 
teaching the businesses who hire them... ;-)

We sent the web site(s) on a CD to the client in good faith, then he 
reversed the credit card charge, claiming that he "does not recognize 
the transaction". In anticipation of this unfolding into a more 
difficult situation,  I want to line up the copyright and other 
pertinent information. Therefore, I am wondering if you have a reliable 
resource or expert to whom you can refer me regarding a web designers 
rights vis a vis web pages published as "work for hire" and 
NON-PAYMENT. Seems to me there is some recourse one can take until 
payment is made, as agreed upon with client.

Thanks in advance for any info that may assist.
Dawna Foreman,
Project Manager
SubtleFx.com