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07-26-2006, 08:49 PM
#7
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Originally Posted by Dante
Since you didn't know about this requirement of the designers', I'm assuming there is nothing in writing about this that you agreed to, and you didn't agree to it verbally.

This is all unofficial advice so please take it that.

If you and he are both in the U.S., and you're a minor, in most cases, you're not legally bound to any contract. Generally speaking, and there are some odd exceptions, contracts with minors are not enforceable. This is why in most states you can't rent a car until you're 18, can't make hotel reservations until you're 18 and so on...

If you're not a minor then whatever is standard in the industry concerning who holds the copyright to a completed design (the designer or the buyer) when this isn't specifically addressed in a contract, is probably what would determine what you can do about this.

If the standard practice is that the designer holds copyright to the completed design in cases where this issue isn't specifically agreed to, then you could have a problem....If it's the other way around, and the standard practice is that the buyer holds copyright, then your designer could have a problem trying to hold you to this.

I'm not a designer, so I can't answer this question but I'm sure people here could.

If the designer typically holds copyright in cases where the issue isn't specifically addressed in a contract, then the one thing that could help you is whether or not the 4x charge itself, is standard practice and/or a reasonable charge...If for example, it's standard practice for designers to charge 2x, then his position may be unreasonable and considered outside standard practices. In theory, this could mean he could still hold you to this, but maybe not at 4x the price.

All of this above is just theory though, and isn't worth anything at all unless one of you literally took legal action to settle this dispute.
I'm going to have to add on to your statement about minors not being held liable. I'm pretty sure this is in about 48 or so states of the US, but--if a minor gains any thing from loss of contract, where as the other party can be found as loosing anything, property or finances, then the contract is not waived due to age.

Since you did not specify what you were getting, ie: putting it in writting, the designer could very well argue that you commissioned him to create a website about yourself. Basically, you paid for his services, and never actually purchased a product such as actual files and or designs.

Julian is perfectly correct on the reasons why releasing copyright is a big deal. However if I had to guess, the only reason they are requiring to keep the copyright on each page is due to the fact that they want publication.