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    Quote from: dev_cw at Oct 21, 2007, 05:00 PM

    So what you are saying is that a client can resell whatever work you do for them without letting you know first? So I can have custom design made for me, never let the designer know that my intentions are to resell it, and use it as a template and resell it 100 times? Legally the client may have this right (I don’t think they do) but this is 100% unethical and wrong. If your plan is to resell the work then make it be known to the designer ahead of time and let them know your intentions and reach an agreement. Otherwise don’t be surprised to find your designs plastered on template sites.

    What I am saying is that if I call you and say "Hey dev_cw, design a site for me, here’s $500 to do so", unless we have a contract that says otherwise, I own what you produce for me. You have no rights to it after you take the money from me. And once it’s mine, I can do what I want -- including reselling it or whatever. Not arguing that this is good or ethical, I am just saying how it is.

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      Quote from: vbrilon at Oct 21, 2007, 06:57 PM

      Quote from: dev_cw at Oct 21, 2007, 05:00 PM

      So what you are saying is that a client can resell whatever work you do for them without letting you know first? So I can have custom design made for me, never let the designer know that my intentions are to resell it, and use it as a template and resell it 100 times? Legally the client may have this right (I don’t think they do) but this is 100% unethical and wrong. If your plan is to resell the work then make it be known to the designer ahead of time and let them know your intentions and reach an agreement. Otherwise don’t be surprised to find your designs plastered on template sites.

      What I am saying is that if I call you and say "Hey dev_cw, design a site for me, here’s $500 to do so", unless we have a contract that says otherwise, I own what you produce for me. You have no rights to it after you take the money from me. And once it’s mine, I can do what I want -- including reselling it or whatever. Not arguing that this is good or ethical, I am just saying how it is.

      when you sell photo’s then then you can determen the price by knowing how many copy’s there will be made of the magazine that its put in or when its on the cover you can charge even more, for website this is hard to do but you could state in your contract that the design can only be used for this one site if there is a need to resell the design then the price goes up.

      Dimmy
        follow me on twitter: @dimmy01
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        ...unless we have a contract that says otherwise, I own what you produce for me.
        Exactly, unless you have a contract that states otherwise, which would be the case since I have that clause in my contract. If either of us still wanted to do business then we would reach an agreement otherwise we would both move on, no problem. That is the point, make the intention be known so that everyone can act accordingly to the situation, if one party is not happy than they can back away.

        The same goes in the other direction, I cannot use the design again in any other projects I work on unless otherwise stated in the contract.

        The situation described is very common in the sub-contracting industry, where the developers and designers rarely deal directly with the end client and the contractor retains full rights. I know that if I were to sub-contract a design I would definitely retain the rights and the sub-contractor would be aware of this. I guess that the way this is approached has to do with the individual characteristics of each project.
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