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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Who owns the legal partenity of a website, the designer or

Resolved Question:

who owns the legal partenity of a website, the designer or the website owners
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
-Could you explain your situation a little more?
Customer: replied 1 year ago.
I contacted with a web designer to redesign our existing website and only when it is completed will they upload the new site. I had to pay £1800 including vat £900 up front and the balance on completion. I signed a contract that states that the company "may include the statement "designed by abc or site designed by abc" together with a link to teir website.
Although that is the case that I signed the contract I did not agree that they should and upto the final delivery of the website we stated that we did not want to carry a free advert and that we would charge them.
However, on the 26th August more than 6 months late of delivery we were told to pay the final balance and then our new site will be uploaded to our hosting server. Yes we saw the final production and we did not have enough time to fully test the product. On that day after payment the site did not display and the designer were away on holiday within hours of our payment. We know this because they told us they were going away. We strugled to get help fro them by email and for 3 days we had no website. We cotacted another designer who helped us to correct the upload and fixed some issues and so we asked them to remove the "designed by abc" from our site. 2 weeks on their reuturn after we have fixed and continue to find problems with the site they now asked us to put back the credits or we will be charged £3000. We said the site originally was not fit for the purpose but the issued a county court case against us due to be heared in Feb 8 2016
We belive that the copy right law doe not include work created by computer as we provided all the content and pictures and the site is hoted by us and we helped design the layout. what is our position.
Expert:  Ash replied 1 year ago.
Did you have a contract with the designer? If so what does that say about who owns what?
Customer: replied 1 year ago.
Its included in my answer above. It does not say we will have to pay any money if we did not accept the credits to their name.
Customer: replied 1 year ago.
I dont mind a live conversation but I dont want this to be an authorisation for you to continue charging my card for any additional payments. please confirm that this will not autorise a recuring payment.
Expert:  Ash replied 1 year ago.
What does the term say about the site credit?
Customer: replied 1 year ago.
It says abc may include the statement "designed by abc or site designed by abc" on each page of the site in a form to be agreed
Expert:  Ash replied 1 year ago.
How much are you being sued for? Is it the total amount that you paid for the site?
Customer: replied 1 year ago.
no we are being sued for £3000 + vat to release the copy right to us. which is my question who owns the copy right of our site.
Expert:  Ash replied 1 year ago.
I need to know whether there is a term in the contract about who owns the design, source code or intellectual copyright?
Customer: replied 1 year ago.
yes it says under intellectual property rights that third part works means the works and meterials comprised in the site, the intellectual property rigts in which are owned by third party; and abc ltd
Expert:  Ash replied 1 year ago.
Can you please type it out work for word because I do not understand the above. Thanks.
Customer: replied 1 year ago.
Can I scan it to you
Expert:  Ash replied 1 year ago.
Ok and upload.
Customer: replied 1 year ago.
I have sent it
Expert:  Ash replied 1 year ago.
Well it says they own the IP of the site so it belongs to them. You can counter claim under S.13 of the Sale and Supply of Goods and Services Act 1982 as they failed to take all reasonable skill and care.
But according to their terms it appears they own the design and intellectual property.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
Yes what does the Exceptions to the right under section 79 of the copyright, design and patents mean for us in this case.
Expert:  Ash replied 1 year ago.
This is a matter of contract. You have agreed by contract to their terms and conditions - if you agreed by contract that they can have a credit then it makes no difference whether a S.79 applies. You agreed in contract and therefore if you don't - its a breach.
Does that clarify?
Alex
Customer: replied 1 year ago.
this is the section I mean
Expert:  Ash replied 1 year ago.
Yes I understand that, but you have agreed by contract. This is an argument based on breach of contract.
But my response above would still remain the same.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
We have since then used another designer to redesign the sight as a result of hacking of the original site with the continued fixes, the site is still not working and is current offline.
Expert:  Ash replied 1 year ago.
But the current dispute is breach of a term of contract. They are claiming you are in breach and your defence is S.13 by the look of it.
This is a straight forward breach of contract case - dont try and make it too complicated.
Can I clarify anything for you about this today please?
Alex
Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
this is helpfull as we did send them email that the site had failed to be published and they did not fix it or offer to fix it for 3 days before we fixed it.
Expert:  Ash replied 1 year ago.
Thats good. This means you are in with a good shot of defending.
Alex
Customer: replied 1 year ago.
Will you be interested inthe case? the hearing is on the 8th Feb 2016 In Croydon. What will you charge?
Expert:  Ash replied 1 year ago.
Sadly I can't be instructed its against site rules.
Alex
Customer: replied 1 year ago.
can you suggest another
Expert:  Ash replied 1 year ago.
There are several public access sites
Www.clerksroomdirect.com
Www.mybarrister,co.uk
Alex
Customer: replied 1 year ago.
thanks