Well, I am not sure it is an open and shut case. If the same copyright rules that apply to print apply to HTML then they may have a case. It has long been established in the print industry that the customer only owns rights to the visual end result they paid for but not the foundation work. For instance: If a customer hires me to design an ad for them they are paying for the ad. They have no rights to the electronic files I created, the films burned to print them, etc unless otherwise stated in our agreement. Customers are usually not given these files to keep them from taking my work to a competitor and reusing it. Given that you HAVE to give the HTML files to the customer I don't know if they would be afforded the same protection. Even if you give the electronic copies of an ad to a customer they do not have the right to use it but for the agreed upon purpose (to get the ad printed that time) but can be sued if they later use it or derivative works without consent. Perhaps the agency should sue them for breach of contract for not delivering what they paid for. ianal, but I do think they may have some claim there. Interesting to see how this will play out.
Slashdot Mirror
Well, I am not sure it is an open and shut case. If the same copyright rules that apply to print apply to HTML then they may have a case. It has long been established in the print industry that the customer only owns rights to the visual end result they paid for but not the foundation work. For instance: If a customer hires me to design an ad for them they are paying for the ad. They have no rights to the electronic files I created, the films burned to print them, etc unless otherwise stated in our agreement. Customers are usually not given these files to keep them from taking my work to a competitor and reusing it. Given that you HAVE to give the HTML files to the customer I don't know if they would be afforded the same protection. Even if you give the electronic copies of an ad to a customer they do not have the right to use it but for the agreed upon purpose (to get the ad printed that time) but can be sued if they later use it or derivative works without consent. Perhaps the agency should sue them for breach of contract for not delivering what they paid for. ianal, but I do think they may have some claim there. Interesting to see how this will play out.