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I came to bhw for legal advice hEAR is my question

Discussion in 'Business & Tax Advice' started by bonerlicious, Apr 13, 2017.

  1. bonerlicious

    bonerlicious BANNED BANNED

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    If I am hired by someone to develop something (let's say a website design) and I refund all money after I deliver the design, who owns the design?
     
  2. Noah Hawryshko

    Noah Hawryshko Senior Member

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    Okay, this thread wasn't as bad as I thought it'd be before I clicked.

    Also interested in an answer to this question, for curiosity's sake.
     
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  3. cheva

    cheva Regular Member

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    I dont think you will get a definite answer on this. Did you sign a contract? Did it state in the contract that you are the owner of the design. Once you transfer rights you cannot legally say you changed your mind. If a transfer happened and the client did not breach the contract verbal or written, you cannot do much. Though ethically if you have refunded the client the client should agree to not use your design, but
    ethics & morality != law & legal . Always sign a contract. For future projects > https://gist.github.com/malarkey/4031110
     
  4. Jessie Martinez

    Jessie Martinez BANNED BANNED

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    What matters is any legally signed contracts my friend.
     
  5. bonerlicious

    bonerlicious BANNED BANNED

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    Contract says ownership is transferred after payment, but money was refunded. Assume there is a contract (there is).
     
  6. Jessie Martinez

    Jessie Martinez BANNED BANNED

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    Doesnt sound good for you. Should have included in case of a refund scenario. At this point you better be prepared to out lawyer him.
     
  7. cheva

    cheva Regular Member

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    If they made the payment and you transferred the files, case is closed. Move on. Your refund does not matter.

    Why did you decide to issue a refund?
     
  8. Jessie Martinez

    Jessie Martinez BANNED BANNED

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    Probably wants to make money off it himself.classic facebook scenario lol
     
  9. bonerlicious

    bonerlicious BANNED BANNED

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    No, I don't do website design. This is theoretical for discussion.
     
  10. cheva

    cheva Regular Member

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    Why waste your time with useless shit noob?
    Why waste your time doing something for someone if you're just going to refund them.
     
  11. Zwielicht

    Zwielicht Moderator Staff Member Moderator Jr. VIP

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    Thread Moved To The Business Section
    This is something you should specify in your contract, or more specifically your refund agreement.

    For example, if you have to refund your client because the client decided that he didn't want to work with you, then you could specify that a cancellation of the contract means that you'll keep any of the work you've developed up until that point.
     
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  12. BassTrackerBoats

    BassTrackerBoats Super Moderator Staff Member Moderator Jr. VIP

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  13. bonerlicious

    bonerlicious BANNED BANNED

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    oh sweet I thought this thread got deleted for some reason... it just moved

    answers:

    1) Why waste your time with useless shit noob?
    Cuz I got time to waste as I am successful already

    2) Why waste your time doing something for someone if you're just going to refund them.
    Here are my theories: use it for your portfolio without asking (customer doesn't do anything because they don't notice or don't fight it), not worth the effort of fighting over something (like in a shit list), misunderstanding maybe... also, building up feedback if you refund the customer can't leave public feedback

    3) refund policy
    I would copy/paste but I assume nobody wants to read a few pages of legaleez

    My thoughts are this: if rights are automatically transferred back to the designer, wouldn't a designer then be able to refund for a design that is doing well and take ownership of a product/design/prototype? Does delivery and payment "close" a contract? What happens if I refund a year later? It would be silly to assume ownership then, but I see it all the time where refund = reversal of ownership.
     
  14. davids355

    davids355 Jr. VIP Jr. VIP

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    Exchange of goods and money makes the contract legally binding so once you were paid there is a contract in place stating that buyers owns the design.

    You can't just pay him and take the design back. You would need a valid reason to break the contract - a reason why you deserve the product back (if some terms were not met in the contract for example).
     
  15. bonerlicious

    bonerlicious BANNED BANNED

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    ty this is what I kinda thought but was wondering, because there is something going on now between a client and a freelancer where the client suddenly woke up one morning and the freelancer closed the contract and gave her money back and threw her design up on his site without asking. She wants to know who owns the design.

    This happens a lot in freelancing where the freelancer will refund without a word and assume ownership. Usually, the buyer doesn't argue since it's not worth it but in this case the designs were made partially from her own property.
     
  16. kypso

    kypso Junior Member

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    ".... because there is something going on now between a client and a freelancer where the client suddenly woke up one morning and the freelancer closed the contract and gave her money back and threw her design up on his site without asking."

    Actually there are always 2 sides to the coin --- did she made any further requests in the design part of the site? Most clients wants more for their money then originally was agreed to in contracts and / or communications between clients and freelancer are not as they should be. The design part is usually in the ownership of the freelancer till it is paid. If it is based on copyrighted /trademarked material from the client then the part that is copyrighted / trademarked is in the ownership of the client and cannot be used by the freelancer. But usually the freelancer would not have an interest in the using the design anyway.

    K.