Rights question.

[brook]

A few years ago, I did a simple site for a writer friend. Over time, I made some changes. By the time her third book was being published, I had taken a job in another field. She approached me to redo the website and I said I couldn't. I cooperated with turning stuff over to someone else she'd hired. A while back I checked the site out. It's about 80% mine.

Last week I saw a photo I had taken in preparation for bidding on another (small) business site. They used my photo but gave the job to someone else. Should I ask them to credit the photo?

It's not that I'm so talented - it just seems 'rude' for anyone to use what I've done without even asking. Am I being hypersensitive?

[GregD]

1. clarification?

So are you saying that the person (your writer friend) has had this other developer build a site in which a photo you created was used?

If that's the case, I'd say yes, ask for credit.

It's frustrating - so many people are really not very considerate these days, and digital theft is something so easily done, they don't seem to think twice about it.

[brook]

2. It's two...

separate sites. The writer's site is using my entire basic design (background, graphics, font) as well as my written content. They updated what I'd done and took my name off as the designer.

The photo is being used by a non-profit who had asked me to give them a bid to do their new site - then they decided they could have someone else do it for free.

[GregD]

3. I'd be very upset with both of them

In the case of your writer friend, you have to decide how you want to approach this. Taking your name off the site, particularly if you seek future clients on the basis of someone seeing your name and clicking on your link, then you might want to press the issue. (I write into my contracts that I have the right to display my name/link.)

And in the case of the non-profit, you should inform them that your provision of the image was done on the basis that you believed you would work with them. If they want to use the image, they should (a) compensate you and (b) give you appropriate credit.

The actions of both of these people is really unfortunate.

[brook]

4. Thanks so much...

for your input. I appreciate it. I will ask these people to 'do the right thing'.

I am hoping to do website work after I take more classes. I really enjoy it.

[Xithras]

5. The legals

Both situations really deal with basic copyright law.

First situation: You prepared a website for someone else, and then transferred control to a third party to continue development? Legally, if you were paid anything for the site, then the person who paid you owns the site and copyright, and they are not required to credit you. Even if they didn't pay you, it's likely that an implied transfer of copyright to the design could be argued since you willingly extracted yourself from the agreement and helped to set up another developer in your place. It would be hard to argue any kind of continued legal interest in the site, so you probably have no real rights at this point. My suggestion would be to send a nice letter to your friend asking to be credited somewhere. If she declines, write it off to a learned lesson, and make sure to add a Credits & Copyrights section to your next contract.

Second situation: The nonprofit is actually acting illegally. Because no transfer of copyright took place, either real or implied, you as the copyright holder can demand both credit and back royalties for all use they've made of your image. I would suggest that you send a polite but FIRM message to the nonprofit requesting that they either properly credit the photo or stop using it.

[brook]

6. Thank you.

I agree that -in the first case - it's a lesson learned and I'll be more careful in the future. I asked the non-profit to have their webmaster include a photo credit and they said they would.

As a rank beginner, I appreciate the answers received here. Most helpful. :yourock: