Law Asked by caseyj on December 2, 2021
The title is probably my best summary. It is similar to this other unfortunate scenario, but I ask here because of a few differences. So here are the mains:
So my questions are:
His abrupt change of heart has left me with about 80 hours of non-compensated work as well as server and 3rd party service costs. So about $7k in currently wasted effort. If it is okay for me to sell this, should I first offer it to him? Or should I not speak to them anymore?
All your work is yours. They've made it very clear it wasn't a work for hire, so it's yours.
They can't copyright any of their ideas. You can't copyright an idea. Only specific creative elements authored by them and present in your work could be covered by copyright. You didn't use their block diagrams. I don't see how references to other sites to look at would constitute a creative element they authored.
That said, you probably want to talk to a lawyer and get a written legal opinion that you can rely on.
Answered by David Schwartz on December 2, 2021
With competent legal advice you might get them to sign a waiver that they relinquish any claim to your work. There may be an argument that you had a verbal/email contract that your relied on (magic words). The list of names might be the only thing that is theirs.
On the other hand, I learned many years ago that there is no contract wording between you and someone untrustworthy that will prevent all future grief.
Answered by George White on December 2, 2021
The web site is not theirs but it’s not clearly yours either because of the sketch design by your not client. Take it down from public view, don’t try to sell it and get on with something new.
While legally, you may be within your rights, it seems, given the litigious nature of your “client”, you may have to fight for them in court. Your position is not so clear cut that you would succeed on a motion to dismiss so you’d have to go the whole nine yards. You’ll spend way more than 2 weeks on that, so as a commercial proposition it just isn’t worth it.
Answered by Dale M on December 2, 2021
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