Website/Code Copyright Ownership?

What is the name of your state (only U.S. law)? Florida

I was given a laptop as compensation to do a re-write and maintenance work on a website for a friend of a friend. Well, their idea of maintenance is gettin a little out of hand and they're claiming they want to rescind the payment they have given me. I'm not concerned about that part, the part I am concerned about is the fact that they're claiming they have the right to a refund (taking back the laptop) AS WELL as a right to the code I produced and the existing website. The (horribly written) contract states that they can take back the laptop if I do not fulfill my duties, but says nothing about the code. They're claiming that this line: "If for any reason Company does not fulfill these services agreed upon, the Property and all access rights will be given back to the purchaser." states that along with the laptop, I owe them the existing website as well.

I cannot for the life of me see this as being the case.

Thoughts?

If you signed the contract, you either need to follow it, or be prepared to fight it in court.

In the future, use a design contract that YOU wrote and clarifies these situations of creative ownership, including source files. If a client won't sign it, you can either walk away....or at least be more prepared for what your getting yourself into. I know, hindsight is always 20/20. When I had my freelance business, I ran into the same situation and learned the hardway by giving up all my work files to a client. After that I had my own contract written up.

Here's a good example of a contract. See items 8 and 9 at the bottom, in particular.

Ooops. Forgot to paste link....

http://www.roostergraphics.com/ADMIN/forms/FgrafDesign.html

I'm not the one trying to get out of it. They are.

I really do appreciate the response but it doesn't really answer my question. Does that line in the initial post express ownership of the copyright and code?

Parise said:

I owe them the existing website as well.

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Tell them that their use of the website is evidence that you have fulfilled your duties.

Parise said:

I'm not the one trying to get out of it. They are.

I really do appreciate the response but it doesn't really answer my question. Does that line in the initial post express ownership of the copyright and code?

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You clearly missed the point of my post. Any web designer, programmer, etc should be using their OWN contract! I specifically pointed out cancellation/refund terms in the sample I provided. If you had those pre-established, you would be covered right now.

orangeena said:

You clearly missed the point of my post. Any web designer, programmer, etc should be using their OWN contract! I specifically pointed out cancellation/refund terms in the sample I provided. If you had those pre-established, you would be covered right now.

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No, I got that, and I appreciate that (for the future). But I don't have a DeLorean to go back in time (unfortunately).

My problem is, they're trying to revoke my payment a long with get ownership of the website that I created. Leaving me with absolutely nothing. The contract never explicitly stated a work for hire (which I believe would be invalid anyway, as I technically would never have gotten paid) OR ever explicitly state ownership of the website.

So, ok. Lesson learned.