Terms of Usage Questions

[isaiah658]

I am making a website for a person and I wanted to use some scripts provided on this site. I have read the Terms of Use but have a few specific questions. When writing up a contract with the client, do I simply say that such and such part is not my own code and is Dynamic Drive's and the client must follow the Terms of Use posted on Dynamic Drive's website? I also have a second question. If a script I use links and uses an image that I created, such as a marquee script, I still hold the copyright to the image right? Only the script is copyrighted by Dynamic Drive correct? Just want to play it safe and take no chances.

[djr33]

When writing up a contract with the client, do I simply say that such and such part is not my own code and is Dynamic Drive's and the client must follow the Terms of Use posted on Dynamic Drive's website?Sounds fine to me. Remember that the copyright notice must remain in the source code, regardless of who owns/maintains the website, so your client should be aware of that.


If a script I use links and uses an image that I created, such as a marquee script, I still hold the copyright to the image right? Only the script is copyrighted by Dynamic Drive correct?Correct. The code, as available on Dynamic Drive, is owned by Dynamic Drive. Anything else (code you might add/modify, images, etc.) is yours. Just keep the copyright notice for the DD part of the code. Admittedly if you make a lot of changes it could be a little hard to sort out who owns what, but that doesn't change the legal rights at all. In most cases it won't be that complicated anyway. Especially with something like script vs. images, that's clear.

[Beverleyh]

In UK law, to have a copy of something is not to have copyright (ownership) and the copyright remains with the creator unless it is explicitly signed away - I believe this is the case regardless of whether a payment for service has taken place. So for a UK web designer, ownership of any of their created works remains with them unless a contract says otherwise. I think the law is different in the US and other countries though so its worth checking out. Maybe you have a recognised advice authority you can approach for guidance? For UK peeps we can refer to such (general) resources as these:

http://www.copyrightservice.co.uk/protect/p11_web_design_copyright

http://www.ihaveawebsite-nowwhat.co.uk/copyright/

http://www.cla.co.uk/copyright_information/copyright_information

[isaiah658]

djr33 - Thanks. You answered my question very well.

[djr33]

Beverley, that sounds more or less like US law, and I think it's fairly standard-- copyright is assumed, whether or not it is explicitly marked. It can be transferred but beyond just transferring the material. There are issues of fair use and also protecting copyrights (apparently if you don't act to protect your copyright of something, it can eventually fade away, though I don't know the details and that might be a weird US thing).

[isaiah658]

I just thought of one more question. Can Dynamic Drive's Terms of Use be changed? If so, what happens to scripts that were downloaded and implemented before the change? I'm just curious because if a change was made so the scripts couldn't be used commercially, would I have to remove all the scripts from every commercial use site I have?

[djr33]

I don't know exactly what the legal requirements would be in that kind of situation, but I believe that a prior agreement, unless an exception were stated in that agreement, would still hold (at least for the original scripts; any new scripts or updates would be subject to the new terms).

Regardless, the intention of this website is not to change the policy in any significant way (though there might be small changes), so you can continue to use these scripts.

[traq]

Prior agreements would survive if DD's Terms were changed, since the current Terms of Use (http://www.dynamicdrive.com/notice.htm) do not specify otherwise.

Basically, as long as you maintain the Credit Notice and abide by the Terms, as of when you downloaded it, you're fine.