Yes. I was stating a sort of worst-case scenario, where no contract exists, and thus the defaults are for the people writing the code to own it -- lock, stock and barrel. A good IP lawyer (not just your general counsel) is an important place to start.
Walter
On Oct 28, 2013, at 8:53 PM, tamouse mailing lists wrote:
>
>
>
> On Mon, Oct 28, 2013 at 7:47 PM, Walter Lee Davis <waltd@wdstudio.com> wrote:
> Absent any agreement to the contrary, "the act of creation defines a copyright with the author ... no registration is needed for this right to be in place ... rights can only be transferred or licensed deliberately ... any rights not explicitly licensed or transferred remain with the author". (Loose paraphrase of the Copyright Action of 1976.)
>
>
> Quite so, the author being the agency in the OP's case. Depending on how a contract is written, however, this may have been a "work for hire" situation, in which case the OP's company is the copyright owner. It's tricky, and obviously there is *lots* we don't know. Still stand by the advice of OP to seek legal advice immediately. (Which I know you were not discounting, Walter.)
>
>
> Walter
>
> On Oct 28, 2013, at 8:41 PM, tamouse mailing lists wrote:
>
> > I just want to caution the OP. You may not own the code. It depends upon who retains copyright, and licensing, etc. If you have paid the agency for their work, which you should do if you have a contract, you *may* have a right to the source code, or you may not, again, depending on your contract. Just taking the code by copying it off your server could very well be a breech of contract. You should consult an IP lawyer immediately.
> >
> >
> > On Mon, Oct 28, 2013 at 2:00 PM, Hassan Schroeder <hassan.schroeder@gmail.com> wrote:
> > On Mon, Oct 28, 2013 at 2:59 AM, <sally.skidmore@conceptresourcing.com> wrote:
> >
> > > We are having issues with our currentl web agency who have built our website
> >
> > Have you chosen a new agency yet? Because it sounds like you
> > need technical guidance *and* hands-on assistance at this point
> > to deal with determining and securing what's on your server.
> >
> > Your new agency would be the best ones to provide that.
> >
> > Good luck,
> > --
> > Hassan Schroeder ------------------------ hassan.schroeder@gmail.com
> > http://about.me/hassanschroeder
> > twitter: @hassan
> >
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