On Mon, Oct 28, 2013 at 7:47 PM, Walter Lee Davis <wa...@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.schroe...@gmail.com> wrote:
> > On Mon, Oct 28, 2013 at 2:59 AM,  <sally.skidm...@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.schroe...@gmail.com
> > http://about.me/hassanschroeder
> > twitter: @hassan
> >
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