Is a client allowed to copy and modify a site I created for them for there own use?

[CBauer00010010]

I created a website for one branch of a business for a client. He like it and had me create pretty much a copy of it with tweaks here and there and content changes but overall the same layout and code for another branch of his business.

He has now hired me to make some changes to the websites. I have found from a mutual friend that after I make said changes that he intends to have a friends son make multiple copies of the website for the remaining branches of his business. Doing pretty much the same thing I did for him before.

Now if he was having someone else add, delete, or modify a page on his site I would be perfectly fine with that and I'm sure they would be legally allowed to do that. I do not want to force a client to only use my services. On the other hand if he was trying to sell copies of his site to other business I am sure that would be illegal and I would contact a lawyer and sue him.

But because he is making a copy of the site for his own use I'm not sure of the legality of this or if I have any right to be upset. Certainly if he wanted to hire another web designer to create new work for him I would have no problem with that, but this feels much shadier.

I would very much appreciate it if anyone know where this stands legally or has experienced something similar and could offer advice on how to handle this. I am not ever sure of how I should approach him about this.

Here are some details of the website that may be relevant.

• I was hired as a freelance designer and our contract states "You are purchasing a finished website, the materials required to display it, and the right to do so. This dose not give your rights to the design or code, I retain any and all copyrights to my original work."
  
• I do not have a written and signed contract but an email I sent him and he responded with agreement to.
  
• The sites design as with most of my sites was a collaboration between myself and the client including verbal, written, and drawn ideas shared to create the initial concept. Which I then refined into multiple layouts. The client then selected one and gave me a list of changes to make to it, which then became the final design I used in the coding of the site.
  
• Some of the photos on the site are photos he took of his business and gave to me to put on the site. Some I went out with my camera and took for him. Yet others I purchased through stock photo sites and then billed him for.
  
• Most of the text content on the site I wrote based off facts he provide to me and my own research.
  
• Some of the text content on the site the client provided to me and he claims he/ his staff wrote. Although in one instance I found the material to be plagiarized and had to refuse to use it.
  
• Some free to use code such as Facebook comments plugin and Twitter widget was used but other than that the code is my original work.

 

[quincy]

In what U.S. state do you reside, CBauer, or, if not in the U.S., in what country do you reside?

 

[CBauer00010010]

I Live in Blackwood NJ and my client is also in NJ.

 

[quincy]

First, I am going to recommend that, in the future, you reduce all oral agreements and emailed communications into a clear and concise written contract so that all parties know exactly what rights are and are not being conveyed. A written contract can save a lot of legal headaches later on.

Here are some details of the website that may be relevant.
I was hired as a freelance designer and our contract states "You are purchasing a finished website, the materials required to display it, and the right to do so. This dose not give your rights to the design or code, I retain any and all copyrights to my original work."

If you have a written and signed contract with your client, detailing exactly what rights are being retained by you, then you are on relatively firm footing. However, you also say:

I do not have a written and signed contract but an email I sent him and he responded with agreement to.

With this statement, the legal ground upon which you stand becomes a little shaky.

The sites design as with most of my sites was a collaboration between myself and the client including verbal, written, and drawn ideas shared to create the initial concept. Which I then refined into multiple layouts. The client then selected one and gave me a list of changes to make to it, which then became the final design I used in the coding of the site.

When you have a collaboration, and absent any written agreement to the contrary, the collaborator shares equally in all rights in the work.

Some of the photos on the site are photos he took of his business and gave to me to put on the site. Some I went out with my camera and took for him. Yet others I purchased through stock photo sites and then billed him for.

A coauthor/collaborator is one who contributes creative input to a work with the resulting creative contributions becoming part of the whole of the work. Again, absent any agreement to the contrary, the coauthor/collaborator can use the work without permission from the other coauthor. Should there be any profits realized from the use, however, the profits must be shared equally between the coauthors.

Most of the text content on the site I wrote based off facts he provide to me and my own research. Some of the text content on the site the client provided to me and he claims he/ his staff wrote. Although in one instance I found the material to be plagiarized and had to refuse to use it. Some free to use code such as Facebook comments plugin and Twitter widget was used but other than that the code is my original work.

Because the agreement you have with your client is a confused one and the contributions to the work were coming from all sorts of different sources, I suggest you have all facts reviewed by an IP attorney in your area. It is possible that you can get a contract with your client signed now, amicably, to clarify all rights and to resolve ownership in the work. But I believe this personal review with an attorney in your area will be necessary to determine exactly where everyone stands legally.

Good luck.