Intellect copyright and transferring a website
Posted: Thu Jan 13, 2011 9:27 pm
Hi
Fingers crossed someone can help me with this one.
I work for a local car dealership and part of my tasks is looking after the company website which we outsource to a web design company and have done for the last 4 years.
Unfortunately this web company went bust before Christmas and we have now been contacted by a new web company who have "acquired" all the sites from our previous supplier including ours.
This company is totally new to us and we have decided at this point to go with an alternate web design company who are known to us and have done other minor bits of work for us in the past.
We have asked this new supplier, who has acquired our website, if we can have the site, source code and database to allow our preferred supplier to host it on their server and to allow them to further develop the site for us.
They have provided this, but it's all compiled and encrypted. It means that our preferred supplier can host it only, but they can access neither the source code nor the front end design pages. So even if I wanted to make a change to my opening hours or fix a typo I can't.
I paid for this website in it's entirety including a custom car search and I also had a news updater created and also an updater for adding vacancies that we have. This was all written in ASP.Net and using an Access database.
The supplier who have our site, I have just found out, are made up of a few members of staff from the previous company and they have stated the following:
"Unless you have specifically ask us at the beginning of any project we develop, we would use our own internally developed source code which we have developed over a number of years for parts of your site."
"If anyone wishes to migrate away then we would only provide a compiled version. This keeps our costs down when developing websites for our clients."
"If you had requested that you wish to own the source code then we would have added this into the cost at the time of the proposal before any work was started."
That sort of statement has left me scratching my head a little. I was under no idea that there was a choice of having this type of code option when we asked them to build the site and if I had the choice I would have likely protected myself and the company by paying the little extra for the full source code allowing me total freedom to move it around should the relationship sour of they go bust.
I had no contract other that the proposal which detailed the work and I signed nothing with my old supplier.
Additionally, any agreement I had must be with the old supplier and surely any sort of intellectual property would not have transferred across to a new supplier who didn't do the work in the first place.
If anyone on here can provide me with a little bit of guidance it would be very much appreciated.
Thanks
Clive
Fingers crossed someone can help me with this one.
I work for a local car dealership and part of my tasks is looking after the company website which we outsource to a web design company and have done for the last 4 years.
Unfortunately this web company went bust before Christmas and we have now been contacted by a new web company who have "acquired" all the sites from our previous supplier including ours.
This company is totally new to us and we have decided at this point to go with an alternate web design company who are known to us and have done other minor bits of work for us in the past.
We have asked this new supplier, who has acquired our website, if we can have the site, source code and database to allow our preferred supplier to host it on their server and to allow them to further develop the site for us.
They have provided this, but it's all compiled and encrypted. It means that our preferred supplier can host it only, but they can access neither the source code nor the front end design pages. So even if I wanted to make a change to my opening hours or fix a typo I can't.
I paid for this website in it's entirety including a custom car search and I also had a news updater created and also an updater for adding vacancies that we have. This was all written in ASP.Net and using an Access database.
The supplier who have our site, I have just found out, are made up of a few members of staff from the previous company and they have stated the following:
"Unless you have specifically ask us at the beginning of any project we develop, we would use our own internally developed source code which we have developed over a number of years for parts of your site."
"If anyone wishes to migrate away then we would only provide a compiled version. This keeps our costs down when developing websites for our clients."
"If you had requested that you wish to own the source code then we would have added this into the cost at the time of the proposal before any work was started."
That sort of statement has left me scratching my head a little. I was under no idea that there was a choice of having this type of code option when we asked them to build the site and if I had the choice I would have likely protected myself and the company by paying the little extra for the full source code allowing me total freedom to move it around should the relationship sour of they go bust.
I had no contract other that the proposal which detailed the work and I signed nothing with my old supplier.
Additionally, any agreement I had must be with the old supplier and surely any sort of intellectual property would not have transferred across to a new supplier who didn't do the work in the first place.
If anyone on here can provide me with a little bit of guidance it would be very much appreciated.
Thanks
Clive