Legal Question in Entertainment Law in California

Web Design Properties Issues

Hi, I designed 2 websites for a client of mine which he liked a lot. Now my client wants to upgrade himself his website, so he does not have to pay me for any upgrades, and he asked me for the files. Do I have legally to give him these files ?

Asked on 2/01/05, 6:24 pm

2 Answers from Attorneys

Gabriel Avina Law Offices of Gabriel H. Avina

Re: Web Design Properties Issues


To answer your question, it depends on what obligations were stated in your contract and the nature of the contract itself.

For example, if you specified a term, your client is liable to finish the length of the contract.

Also, if the contract stated that you owned the website and your client merely "licenesed" the material, then you would have a good arguemnent for not giving the files.

Barring the above, however, the answer depends on where the case law falls. For this, I recommend you retain an attorney for a thoroughly researched answer.


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Answered on 2/01/05, 6:37 pm
Jonas Grant Law Office of Jonas M. Grant, A.P.C.

Re: Web Design Properties Issues

I agree with the other attorney that it depends on your contract, although I suspect you may not have one, or that it may not be custom-designe and adequately protecting your interests in situations such as the one you find yourself in now. Please contact me if you'd like assistance with the specific issue at hand, or with revising or drafting a new custom contract to avoid problems with future clients.

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Answered on 2/26/05, 9:49 pm

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