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 <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 > > > > -- > > You received this message because you are subscribed to the Google Groups > > "Ruby on Rails: Talk" group. > > To unsubscribe from this group and stop receiving emails from it, send an > > email to rubyonrails-talk+unsubscr...@googlegroups.com. > > To post to this group, send email to rubyonrails-talk@googlegroups.com. > > To view this discussion on the web visit > > https://groups.google.com/d/msgid/rubyonrails-talk/CACmC4yDyHwTMufu7LLcuSHjhkMc2M6UAk%3D6j56wTwX6c3g8pbw%40mail.gmail.com. > > For more options, visit https://groups.google.com/groups/opt_out. > > > > > > -- > > You received this message because you are subscribed to the Google Groups > > "Ruby on Rails: Talk" group. > > To unsubscribe from this group and stop receiving emails from it, send an > > email to rubyonrails-talk+unsubscr...@googlegroups.com. > > To post to this group, send email to rubyonrails-talk@googlegroups.com. > > To view this discussion on the web visit > > https://groups.google.com/d/msgid/rubyonrails-talk/CAHUC_t87D7-s50P31gNAoYC4EGqwWJAR6ZGnMtF%2Bevc_jn75zA%40mail.gmail.com. > > For more options, visit https://groups.google.com/groups/opt_out. > > -- > You received this message because you are subscribed to the Google Groups > "Ruby on Rails: Talk" group. > To unsubscribe from this group and stop receiving emails from it, send an > email to rubyonrails-talk+unsubscr...@googlegroups.com. > To post to this group, send email to rubyonrails-talk@googlegroups.com. > To view this discussion on the web visit > https://groups.google.com/d/msgid/rubyonrails-talk/7AF6F14C-FDD5-4B86-AA67-7BFAF27E198B%40wdstudio.com. > For more options, visit https://groups.google.com/groups/opt_out. > > > -- > You received this message because you are subscribed to the Google Groups > "Ruby on Rails: Talk" group. > To unsubscribe from this group and stop receiving emails from it, send an > email to rubyonrails-talk+unsubscr...@googlegroups.com. > To post to this group, send email to rubyonrails-talk@googlegroups.com. > To view this discussion on the web visit > https://groups.google.com/d/msgid/rubyonrails-talk/CAHUC_t-yiE9jHw-N67YzJimmuFsgEgzZj_ZGU2mVDPWKLDAi_Q%40mail.gmail.com. > For more options, visit https://groups.google.com/groups/opt_out. -- You received this message because you are subscribed to the Google Groups "Ruby on Rails: Talk" group. To unsubscribe from this group and stop receiving emails from it, send an email to rubyonrails-talk+unsubscr...@googlegroups.com. To post to this group, send email to rubyonrails-talk@googlegroups.com. To view this discussion on the web visit https://groups.google.com/d/msgid/rubyonrails-talk/E3D0484D-E109-4433-92D8-C84EFF0F10BF%40wdstudio.com. For more options, visit https://groups.google.com/groups/opt_out.
