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| Legacy Archived Main Board Business chat and general industry chat. All participation is welcome. Dont post your fucking spam here. |

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#1 |
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Fat Fucking Nobody
Want to see your own Advertising Here!
Join Date: Oct 2002
Posts: 6,523
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So I'm out looking at designers for some potential web design work, cartoons, logos and what not.
If you post a sample agreement, terms and conditions and what not, I will actually read it. So I look at first designer whose sig I happened across that I've actually heard of, and everything looks "ok" including pricing. But then I read T&C. I see that they insist upon having a credit (graphic or text) and a link back to their site on EVERY PAGE for the duration of the time the site is displayed on the internet. Hmmm....so I pay for the work, it's my site, and you want a link for work I paid you for? My reaction to that is "bite me".....has this somehow become acceptable while I wasn't looking or is this a designer with a head up their ass? Suffice to say, they wont be getting the job or even a second look from me because of that one line in T&C. |
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#2 |
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I like cheese
Join Date: Aug 2003
Location: Montreal, QC, CA
Posts: 1,185
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When I hire someone to do design work for me, they are working for me and I therefore own the work produced. I would never agree to linking back to someone I paid.
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#3 | |
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Fat Fucking Nobody
Want to see your own Advertising Here!
Join Date: Oct 2002
Posts: 6,523
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Quote:
and ya know, if i hire someone to change oil in my car, i dont let 'em put a bumper sticker on it that says "oil change by jiffy lube". and if a contractor does some work on the house, or even BUILDS the house, i dont let 'em stab a sign in yard that says "house by bubba's construction co". I dont get it. now if you wanna give me a design for free, i might give you a link. hell, even then i dont know if i'd agree to it being on EVERY PAGE. |
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#4 |
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Fat Fucking Nobody
Respin bullshit press Your Comments Are Welcomed
Join Date: Jul 2005
Location: Houston
Posts: 2,624
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That's only standard on non-custom pre-made designs.
If you pay for a one off exclusive then it's yours, you own it lock stock and join page, and are free to do with as you wish.
__________________
My TGP's: Bevy Of Babes | Bevy Of Boobs | Babes In Boots | Well Heeled Women | Dressing For Sex | Latex Vixens | Stocking Vixens
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#5 |
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SigWhore
Join Date: Sep 2007
Posts: 34
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Hi guys, im also a web designer.. before i putting the copyright of my works, i used to ask permission to the client. But i think in your case, you have the right to say not to put their copyright on your site, you owned everypage on your site that you paid.
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#6 |
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FFN PERSONAL TRAINER
$100 for every ImLive sign-up
Join Date: Dec 2002
Location: N. Miami
Posts: 4,622
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if you pay for it you own it
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#7 | |
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Future BROmaster
Join Date: Dec 2007
Posts: 266
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Quote:
Without them, as the person paying for it, you only have a license to use their work. There is an exception - unless the person performing the work is a salaried employee with taxes and all the other benefits that come with it. You cannot 1099 someone and then claim they are an employee. If they are an employee you own everything they do in the course of their employment. |
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#8 |
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Fat Fucking Nobody
Want to see your own Advertising Here!
Join Date: Oct 2002
Posts: 6,523
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At WORST, a custom site is going to be a joint copyright. My text, my specs, my color selections, my content used to build it, there's no way a designer can claim to own the copyright. If the hiring agreement isn't clear, they MIGHT be able to pull off claiming joint ownership.
In every case where I've hired a contractor to do anything, whether it's code, design or even shooting photos, it's a "work made for hire" agreement. It is my understanding that in that case, I own it all, no different than if they were a full time employee. |
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#9 |
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Right HERE . . . BITCH!
Join Date: Jan 2006
Location: Chronic Town
Posts: 1,295
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__________________
True Beauty Cash For High Quality Erotica | Certified Hosting Is Da Fucking Bomb "Don't Get None On Ya" |
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#10 | |
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Members
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Join Date: Jul 2005
Posts: 6,165
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Quote:
I suppose that ultimately myself and a legion of other photo journalists could be owed rather large sums.... Here is the case we most commonly discussed... http://www.ncac.org/art-law/op-dauman.cfm Its pretty well known in the biz. |
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#11 |
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Future BROmaster
Join Date: Dec 2007
Posts: 266
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That case is not on point. It states that Dauman owns the image, not Time. And that case is merely a decision on a Rule 12(b)(6) Motion, not on the merits of the case.
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#12 | |
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Brilliant Innoventionalist and writer.
Join Date: Dec 2003
Location: USA, Northern Hemisphere, Terra, 3rd of nine, Sol System, Milky Way Galaxy, Far from Galactic Core
Posts: 2,260
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Quote:
While I agree with you....your real world examples don't fly. Look at the car in front of you in traffic. Most of them have "shitty dealer Chevrolet" or something different on the back panel, above the bumper. And most house builders, carpenters, tradesmen, etc put a professional sign in your yard while they are doing work on your house. And put your house in their photo album to show others. But I've made them remove their stupid emblems/stickers from my car before I close the deal.
__________________
![]() Eric J. White VirtualSexMachine.com |
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#13 |
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Trying to get enough posts to spam a link
I'm new!
Join Date: Mar 2009
Location: Down South
Posts: 2
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I'm a designer, i never require link backs. clients pays for the websites that i create so why the hell should i ask them to place a permanent link back to my site as if they owe me something. but if i did something for free, thats a different story. a link back to my site would be very much appreciated for good will gesture. just my 2cents
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#14 | |
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Members
Join Date: Mar 2004
Posts: 42
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It's a negotiable point, of course, but I don't think links back are too common, particularly
in this industry, where the webmasters know where to find a dozen other designers who won't insist on a link back. Legally, you don't own the work, you only have limited license, so the creator can put in any limitations they want and you can either agree to their license or not. As noted by others, the exception is a "work made for hire" - a design done by an actual employee as opposed to an independent contractor. The person is an employee is the employer controls when and how they work, or can do so. If you can tell the person to work from 9-5 and use a text editor to create the design, they are an employee. If you only agree on what the final product should be, but not exactly how and when it's made, that's an independent contractor. That's the main factor deciding employee versus contractor. Other considerations include who owns the facility and equipment. If you come into my office and use a computer I purchased to do work for me, you're probably an employee. If you work in your own office using a computer you own, you're probably an independent contractor. The other possibility for a "work for hire" is when the work is part of a larger whole, such as someone doing just graphics for your site, where there is some writing evidencing that both parties intended it to be a work for hire. Quote:
you own the car. Similarly you can remove a sign from your yard, unless you agreed to keep it there for a certain period of time, because you own your yard. You do not generally own your site design, but only license it, unless the you and the designer agree otherwise. Let me throw out some related examples from our work, where people license a copy of Strongbox or Throttlebox. At the bottom of the log in page, in small text, we have "protected by Strongbox", which is linked, but we specifically tell people that they can edit that page any way they want. If we didn't tell them they could, the default under the law is that they can make no modifications other than whatever is truly required to use the system in the normal way. That's what a lot of software companies do and at least one "competitor" encrypts their files to prevent you from making any modifications or adjustments to fit your needs. We also allow modifications to the configuration file, and via the plug in mechanism, because these are designed to allow modifications without affecting security in an unexpected way. Apart from the three ways we've set up for you to customize Strongbox, making random changes to the code could effect security, perhaps in subtle ways that you wouldn't realize, so we request that you consult with us about any other changes so we can advise you regarding security and regarding the best way to accomplish your goal. Because you only license software and don't own it, we could legally prevent all changes and encrypt the scripts like some people do. We feel, though, that because you bought the system in order to USE it, we should allow whatever changes you need, and we make that as easy as possible to do in tidy way via our custom_subs file, which is a plug-in type interface. At the same time, it's important to us to protect the reputation of Strongbox as being secure, so we want to talk to you before you make changes that could effect that and we've always approved people's changes after making any needed security improvements.
__________________
Ray Morris support AT bettercgi.com Strongbox - The next generation in site security Throttlebox - The next generation in intelligent bandwidth control Clonebox - Backup (disaster recovery) on steroids Make money with your sig |
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#15 | |
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Brilliant Innoventionalist and writer.
Join Date: Dec 2003
Location: USA, Northern Hemisphere, Terra, 3rd of nine, Sol System, Milky Way Galaxy, Far from Galactic Core
Posts: 2,260
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Quote:
And who do we have to thank for this little bit of legal mumbo jumbo new area of law? Wait for it..............................Microsoft.
__________________
![]() Eric J. White VirtualSexMachine.com |
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#16 |
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Fat Fucking Nobody
Want to see your own Advertising Here!
Join Date: Oct 2002
Posts: 6,523
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Although I generally dont like to give free exposure to someone who I do not know or endorse, since it's been a subject here I will reveal who I looked at and who insipired this thread.
And drum roll please! Zuzana Designs See section 7 and 11 and tell me why anyone in their right mind would agree to it: http://www.zuzanadesigns.com/v3/terms.html |
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#17 | |
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Members
Want to see your own Advertising Here!
Join Date: Jul 2005
Posts: 6,165
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Quote:
I have no idea where these folks reside, but it is reminiscent of the kind of shit eastern europeans try out. It happened to me earlier this year when a Prague firm experienced the full weight and power of the a very substantial American Express chargeback....which I knew was in my hip pocket if they continued their bad behaviour. |
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#18 |
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Fat Fucking Nobody
Respin bullshit press Your Comments Are Welcomed
Join Date: Jul 2005
Location: Houston
Posts: 2,624
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Sarah's crew does some nice work, but she pushes the self-promotion too hard for my taste. Mostly on GFY, but on some other boards too. It just doesn't seem very professional to me. The TOS being further evidence of the same mindset.
__________________
My TGP's: Bevy Of Babes | Bevy Of Boobs | Babes In Boots | Well Heeled Women | Dressing For Sex | Latex Vixens | Stocking Vixens
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#19 | |
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Members
Want to see your own Advertising Here!
Join Date: Jul 2005
Posts: 6,165
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Quote:
Perhaps at GFY, they don't read the fine print. I have seen worse...some cam girl contracts which are outrageous. |
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#20 | |
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Fat Fucking Nobody
Want to see your own Advertising Here!
Join Date: Oct 2002
Posts: 6,523
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Quote:
Or maybe the young 'uns are too stupid to care about a traffic leak on each page or someone else owning part of their site. |
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#21 | |
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Fat Fucking Nobody
Want to see your own Advertising Here!
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Quote:
God knows we have plenty of designers that frequent Oprano that dont have these T&Cs. Forest represents one firm. MIA Hammer has another.
__________________
We are putting the bastards of this world on notice; greed and corruption will always be met with "a voice made of ink and rage." "Never try and be like anyone else" - Hunter S. Thompson "The truth is the truth no matter how you try and package a lie" - Shellee Hale
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#22 |
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Members
Want to see your own Advertising Here!
Join Date: Jul 2005
Posts: 6,165
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whatever happened to Hammer? He designed a site for me.
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#23 |
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BeerMaster - PAR-TAY YALL!!!
Join Date: Jul 2009
Location: Philippines
Posts: 16
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No designer in his/her right mind should own copyrights paid by the clients. All these guys ever wanted were link backs to get their sites up the search engines.
Duh... that gives honest designers like us look real bad.
__________________
Freelance Web Designer Photo Enhancement Services starts from $0.50 to $1 ICQ: 563-947-658 | Email: topbanana (at) thehotstuffs.com |
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#24 |
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Still Waiting Tables...
Join Date: Feb 2009
Posts: 5
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As designer I do not require link backs. I just put a small comment in the begining of CSS (which can be deleted anytime) like this:
@charset "utf-8"; /* Designed by ThumbDesigner.com */ I am not care of link backs. The sites I do are mainly visited of porn surfers so the traffic is not very good to be send to adult design services website. Well yeah there are webmasters too.. but that's not mean they looking for design services... I am not care of rights. I am paid to design somebodys project so client owns it! The vaule is not link back but client positive feedback and client reffal to somebody. Thats the best way to say "thank you" to designer who made your project exactly as you want it. |
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#25 |
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Fat Fucking Nobody
Want to see your own Advertising Here!
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Talked to Hammer a few weeks ago. Seems to be alive and well.
__________________
We are putting the bastards of this world on notice; greed and corruption will always be met with "a voice made of ink and rage." "Never try and be like anyone else" - Hunter S. Thompson "The truth is the truth no matter how you try and package a lie" - Shellee Hale
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#26 |
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Members
Want to see your own Advertising Here!
Join Date: Jul 2005
Posts: 6,165
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