Click to See Complete Forum and Search --> : Should I give up the files?
emmyrosci
11-01-2005, 07:12 PM
Hi - I'm a freelancer in the state of Virginia and recently gave a GREAT deal to a company that a good friend of mine used to work for. Basically, it was for a software demo using Flash for the development. The demo was paid for and turned over (swf files only) and is currently being used. Since then, the CEO of the company basically screwed my friend over (he no longer works there) and they have changed their software. Now they want me to modify the demo OR turn the original flash files over to them. I don't want to do either. I never signed or provided any contract to them for the work I did, and basically did the work at the rate I did because of the relationship with my friend. Do they have any legal rights to these files?
Stephen Philbin
11-01-2005, 08:11 PM
Depends on your country. On matters of the law, it's probably best to seek professional advice. I get the feeling they have no rights at all though. No contract, no obligation I would imagine. They paid for a service which you satisfactorally provided right? Anything on top of that would be extra I say.
Waylander
11-01-2005, 09:47 PM
I wouldnt definately not give them anything if I was in doubt of the lawfullnes of thier claims, that much is for sure.
It doesnt sound like a very large project, so I doubt that they would be interested in pushing the matter as court costs would probably come out to as much as any re-develoment costs.
Im not sure if you are legally bound but if the agreement you have with them did not specifically include the hand over of source (im not sure what the law is specifically in your country) then the rights to the source are yours. Code and Script are under the same laws as literature where I come from (Australia). You can sell copies and finished products of literature but unless you sign over the rights you will always own them because you are the author.
You cannot buy a book at the store and then demand that the author hands over the manuscript and its rights to you for the cost of the single book, thats just not the way it works im afraid.
Waylander.
emmyrosci
11-02-2005, 07:17 PM
Thank you both for your input! :-)
Waylander
11-02-2005, 08:43 PM
No Worries :)
One thing that I am very careful of is to keep the rights to the code.
This is another good reason to resell the hosting, becuase you have complete control of it. If your client has their own host, then they can just take all your work and hire someone else to mod it. You've done all of the grunt work and ironed out all of the major bugs just to have someone take that all away?
If they really wanted to, they could reverse engineer the swf files and hire another developer.
Hurstool
11-09-2005, 04:25 PM
Why wouldn't you want to hand over the source files and charge them a nice chunk of change?? Sounds like a win-win to me.
Mr Initial Man
11-10-2005, 11:55 AM
I disagree. They screwed over his friend, and he's perfectly within his rights to tell them where they can go. I certainly wouldn't want to hand over the files to someone who screwed over my friend. Besides, virtually the only time a company learns a lesson about screwing over employees is when they end up screwing themselves. They shot a hole in the boat, let them bail it out themselves.
Besides, who's to say they'd pay up?