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What should I put under the copyright clause in my contract?
Old 09-03-2004, 04:34 PM What should I put under the copyright clause in my contract?
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I'm starting a very small business (freelancing) in my community, which is on an small island without any other web design businesses.

I am writing up my contract but I got stumpted at the copyright and third party/client modification clauses. I see that I must work out copyright first. I don't know if I should give all the graphics, html and css files to the client at the end, or whether I should just give them the right to "use it as a website" but keep copyright of all the materials.

I also have one more question. I've read many articles that say I should create a propsal. And if it is indeed necissary, I will. But I don't really see the point of having one for myself. It seems to me that I would discuss with a business whether or not they want a site. If they decide they do want a website from me, and they choose which package they want to purchase (for price), then we start the process and they sign the contract. I give them the questionnaire I have about their business and what they want in a website etc etc. And I make it...

Why a proposal, it's not like there will be other companies giving them a proposal too...

These are small businesses (around here it is a very casual astmosphere...people aren't used to doing these all proffessional and technical)


Just to give you some background info:

I live on an island and there is no web design companies here to compete with me. I'm 15, just starting out, although I already know HTML and CSS well, and I'm trying to teach myself other languages such as php. I want to learn and get experience untill I get the oppertunity to move and go to university or take courses on the subject.
Also, I live in Canada.

Thanks a whole bunch,
Annie

Last edited by Annie; 09-03-2004 at 04:37 PM.. Reason: I just wanted to say thank you and sign it
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Old 09-03-2004, 09:19 PM
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I don't think you're in a situation where you absolutely need a proposal for your clients. A proposal is widely used (it's pretty much standard) by most web development companies and serious freelancers. It outlines what you will be doing for your client at what cost, and is also an opportunity to give more in depth explanation about your services.

In your situation is might be a little different, being under legal age and in a small community (I assume), where you probably know the people you will be dealing with. I think the process you outlined above is appropiate for someone in your situation.

In your question about copyright; I know here in the U.S some transfer full copyright, while others don't. Again in your situation, I don't think it would matter much, if I understand you correctly, you are into this as much for gaining experience as you in it for the profit. I suggest you transfer full copyright to your client (upon last payment), I think especially small businesses expect this and are not used to the concept of 'work for hire' and would wonder why they wouldn't own the website they paid for.

I wish you luck btw, you're entering a *very* competetive market, but local markets is a niche there's definately room for more supply. And you seem to be in a perfect situation with few else around
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Old 09-03-2004, 09:34 PM
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If they are paying good money for the website and you wouldnt really have a good way to enforce the copyright it would be best to handover all copyright rights to them after you recieve the money

Goog luck

--James
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Old 09-04-2004, 12:41 AM
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Quote:
Originally Posted by Dark-Skys99
.. and you wouldnt really have a good way to enforce the copyright..
A little depending on Candadian Law. Copyright infringement is a very serious matter in the U.S. for example (a federal offense if I remember correct). The Millenium Digital Act also holds a webhost responsible for the content on a server, so they usually will remove content immidiately upon request.
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Old 09-04-2004, 05:32 AM
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I was just saying from my experiences with the law here...

They dont really listen to you much when your 15 and wouldnt really be worth the hassle

--James
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Old 09-11-2004, 07:11 PM
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Thanks everyone.

I guess I will transfer all copyright/ownership over to the business.

Also about the proposal, I think I might still prepare one (as much as I can) just in case I need one. I now see that it could be useful in some situations such as if a company comes to me that considering buying a website, but isn't really sure. They might even request one.

Also, if I don't get enough clients by just waiting for them to come to me (which seems very possible), I might want to send businesses a proposal that havn't asked for one.

But I think you guys are right about it, I probably won't need one in most cases. Then again, it could be good practice, and may impress my clients.

Thanks again,
Annie
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