RE: Copies of final product as part of the project files

["John Locke" <mail -at- freelock -dot- com>]

 hungrymd -at- cadvision -dot- com wrote:
> > The issue: the contracting company now wants copies of everything I have
> > produced for the client--not just the project files (they want copies of
> > manuals, operating procedures, training modules, quick reference guides,
> > and any job aids). I estimate the materials represent assets in the
> > neighbourhood of about a million dollars.
> >
> > My response to the contracting company was I would be pleased
> to get them
> > copies as long as I had written permission from the client of
> exactly what
> > was being taken and in what form.

And Scott Turner answered:

> Copyright belongs to the client, proprietary information belongs to the
> client. The contractor is on thin ground and is asking you to do a
> potentially criminal act (theft).
>
And I ask:

What does your contract say?

Copyright does not automatically belong to any client. Unless you have a
regular employment agreement with the client or have explicitly signed a
Work-For-Hire agreement, you own the copyright until/unless you transfer it
away.

Of course, it's quite common in our industry to use Work-For-Hire
agreements. Take another look at what you've signed. You have not signed any
agreement with the client, only with the contracting firm. Does your
agreement with them say you need to turn over all of the material? If so,
you'd better do it, and any "theft" or other issues is their problem. If, on
the other hand, it's not in your contract, then you are under no obligation
to turn over your materials.

>From what you've told us, you have no obligation to the ultimate client,
since you've signed nothing with them.

That's the common sense answer to what you're required to do--I do not have
any sort of legal background, beyond my own experiences as an independent
contractor. If nothing's specified in your agreement, it's time to use your
people skills to work out a solution acceptable for everyone, if you hope to
work with any of them again...

Cheers

John Locke
http://www.freelock.com


^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
Develop HTML-based Help with Macromedia Dreamweaver! (STC Discount.)
**NEW DATE/LOCATION!** January 16-17, 2001, New York, NY.
http://www.weisner.com/training/dreamweaver_help.htm or 800-646-9989.

          Sponsored by an
 anonymous satisfied subscriber since 1994.

---
You are currently subscribed to techwr-l as: archive -at- raycomm -dot- com
To unsubscribe send a blank email to leave-techwr-l-obscured -at- lists -dot- raycomm -dot- com
Send administrative questions to ejray -at- raycomm -dot- com -dot-  Visit 
http://www.raycomm.com/techwhirl/ for more resources and info.