Web site design - legal question

[BobY777]

This is a legal question about web site design. Specifically about legal ownership regarding "button" design.

My wife had a web designer design a web site for her about 5 years ago. This is about the little "click buttons" that take people to other pages within the web site.

The web designer came up with some real nice looking Victorian looking buttons. Wording was placed within the buttons to take people to different pages of my wife's web site. Keep in mind my wife's web site was designed about 5 years ago.

The problem is...

Several days ago, a lady emailed my wife to say she owned rights to the button design that the web designer used on my wife's web sit more then 5 years ago. This lady was real indignant, and said my wife "stole" her button design. This lady even listed my wife's web site and business name on her web site and said my wife stole her button design.

Our web designer can't remember where he got the buttons from...being it was 5 years ago.

So this lady wants paid for the use of the buttons that she "says" she designed. We have no idea if she is lying or not. She may have designed the buttons. And she may not have designed the buttons. We only have her word on it.

I do see the same exact buttons on this lady's web site. For all I know, she may have stole the button design off my wife's web site and is now showing them on her web site.

There must be some kind of law regarding web design property like this.

How can we tell if this lady has copyrighted this button design? Is copyright even the correct word to use, when talking about owning rights to a particular graphic design, such as these buttons?

Thank you for any ideas on how to approach this.

[M/Q]

It all boils down to who had it first or can prove that.

http://www.copyright.gov/circs/circ1.html#hsc

[BobY777]

Hi M/Q:

Thanks much for that great material. It was very informative.

Maybe we should play it safe and just buy the right to use the button.

Problem is, I hope no one else says they own the rights to the button...lol. If we were to ask this lady for copyright registration proof that she owns the copyright, I don't see how she can prove that she does own it...since it looks like she didn't have to formally register it.

It's not that we don't want to pay. But we want to make sure she is the one that really owns the copyright. Thats difficult to know for sure. She wants us to just accept her word.

I guess we'll take a chance and just pay her...hoping she is really the copyright owner.

Thanks much for your great information.

[M/Q]

Do you know where the web designer is? That person is the real key to this, whether they are above board or not. What kind of contract did you have with them? Did it transfer all rights to the design over to you?

[BobY777]

Hi M/Q:

We only had a "word of mouth" thing.

We just paid him for the design and it was hosted.

The web designer didn't say anything about him retaining ownership to the design of the web site.

[marlehole]

Hello Boby,

Don't be too quick to pay, it might be the designer who has the liability, if at all.

1. Who maintains the site?
2. Is the designer's company name on the site?
3. How is she justifying her claim?

Also in M/Q's wonderful link there are certain things that are NOT copyrightable, you might want to have an attorney look at her claim of course. Further, you don't want to overplay your hand, by announcing to her how long you have had your site created; sounds like a scam, and you might have a counter-claim.

Excellent post!

Good Luck,

Don :mad:

[M/Q]

Good points Don,

Where have you been hiding?