manager at three-mobile-phones
03 April 2007 11:23am
I am currently in the middle of something that could turn out to be quite nasty.
I currently work for an online media company and over the last few months i have built a web site for one of the clients here. this was done for him for free to resolve some other issues and completely to my own design and without any input from anyone at the media company i work for.
I am planning to leave this company and work directly for this client as he was that impressed with the site he has offered me better terms than i am currently subject to.
The Media Company in question is being very shady about this whole affair and is trying to charge the client for my time and also claim intellectual property rights to the site in question.
Can anyone tell me my position and my rights ????
Director at Landingnet Ltd
03 April 2007 12:42pm
From what you said all it comes down to is what it states in the contract with the client.You say the site was done for free, then that the media company is trying to charge for the work done. How can that be?
I know when we do work for clients, once the work is signed off, we state they own the rights to the work, as we have already been paid for what was asked. Therefore, they own the work and we have no IP rights to it.
If there is no contract in place I do not know what to say, as i am not a lawyer and have no experience in this area.
Worth reading the contract if there is one.
Hope this helps a bit.
03 April 2007 14:12pm
No Contract !!!
I am not sure if the work i do as an employee is covered by any laws especially as it was not commissioned as such. It was all done to calm things down with this guy who had been slating the company as a previous project for him had not gone so well.
I would like to claim all the rights to this site www.three-mobile-phones.com as it is all my work and it would make things easier for me in the future.
Any ideas ???
03 April 2007 14:41pm
In my (not slightly law related) opinion, the client would probably win this one.If you did the work as an employee, you were working on their behalf so you personally can't claim any rights to it. They pay you for your work making it theirs. The company was doing this as a favour to the client, so it's their fault for doing such a thing in the 1st place.
Why are they trying to charge him now, after saying it would be free?
The only other thing that could come into it is who owns the domain?
06 April 2007 20:58pm
So If You took the wages from the Media company for several months, did not see a conflict of interest when you were approached to work for the client and now want to take the work you were paid for for free........!!
What the company paid the client is not part of your business. You are an employee the good and bad that comes of it.
A touch greedy perhaps - do you also wish to claim ownership of the property rights that other employees of the same company do for the people that pay their wages.
Director of eCommerce at A well known Telco
10 April 2007 11:54am
I would suggest you probably have no chance.
You will have an employment contract (i presume) with your employer which will likely state they have rights to all your work performed whilst under their employment. Whether the work its free or not will probably not figure in the equation.
Also, legality aside, this sort of thing can be potentially very damaging to your professional reputation. Do you want that sort of record hanging in your past?
Probably worth a conversation with a good employment lawyer.
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