Volunteer Web Design Copyright
I found another thread that was similar to this topic, but didn't exactly hit on the specific question I have about web design copyright.
Here is the situation... A local dog club has a club member that designed them a website free of charge, as she had an interest in the club. There was no contract at all for this work. After the design work was completed, the club contacted me for a proposal/quote on fees to maintain the website from here on out. The definition of maintain would be things like to add the monthly newsletter and to adjust text and image content as needed. It would not involve changing the layout or general design of the website.
Apparently there is a bit of bad blood between the club and the original web designer. The original designer is stating that she would not allow the club to continue using the site she designed if they pursued someone else to do the maintenance work.
My question is: Can this designer actually do this? Can she forbid the club from using her work, that she volunteered to do for the club initially and thus forcing them to completely redesign the website from scratch? I am not sure if a designer could do this or if it's as simple as ensuring their credit for the design stay visible on the website?
Thank you in advance for any advice or information you might be able to share. Links to websites with details on this would be great as well. I did find a legal website that dealt with copyright for web design, but nothing stated anything close to this situation so I'm not sure where to go from here.
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It all depends on the prior contract and any subsequent agreements, be they written (including e-mail) or verbal. See one of our previous topics, Copyright and Web Design.
Is the original designer offering to carry out the maintenance work? Have they been invited to quote for that work? What are their reasons for blocking changes to the website?
I'm not a lawyer but a common-sense assessment would be:
- If the designer handed over all rights of the work to the client, the client may use it however they please.
- If the rights handed over were limited, such a license to use the website but not to change it, then the designer is justified to block other maintainers.
- If the rights were not handed over, then the designer retains full control over how the design is used.
In the absence of contracts or any paper trail, it is for reasonable people to reach a reasonable conclusion.
If that fails, the club might consider seeking legal advice. Perhaps another member of the club would offer relevant expertise?
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