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04-20-2007, 05:13 PM
#11
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Originally Posted by derek lapp View Post
buying the design doesn't transfer full rights to you. as the creator, he has full rights and permissions over how the media is used. selling it you, he's obviously fine with you owning it and using it. if he doesn't consent to you selling it and making a profit off it, he's able to take action against you.

a very notable case is one that happened in toronto a while ago - someone was contracted to design and create a series of sculptures for downtown toronto. he did it, the city loved it. for christmas, the city decorated his sculptures with lights and wreathes and the designer didn't like it at all, and as he had full rights over how the media was to be used, he took them to court stating they altered the appearance of his sculptures without his consent and he wants them restored to their intended appearance, and he won, because he didn't sign away the rights in the contract.

think of it this way. i bought a cd. it's mine. i own it. if i start renting halls and playing it on a PA system and charging admission i can be sued by the band if they find out.
Sorry that is incorrect, look at copyright law or do a quick search on sitepoint for web design law. If we had hired him as "work for hire" to make the design what you said would be true as it is with the toronto case and he would own the copyright to the design. But because he sold the design as a product to us it is not the same legal situation, we own it fully because we bought it as a product.