[Guezala]

Hey guys

I may have a job updating a website. They have obviously (in the past - 4 years ago) used a web design company (link is on their website ) for the original. If i am given the job what do i need to be aware of?

There are images, written content and a sort of logo. I guess they may have some material or did in the past which states what they can do with the website content?

Essentially what is the worst case scenario - that i have to do all the content photos and logo from scratch?

I have done 3 (working on 4th) sites but they have all been from scratch or revamping a frontpage type homemade job so this is new to me.

If anyone has some guidance I would be grateful for it before I talk it through with the client.

Thanks again people

[BlueDreamer]

This is where you really start learning

For starters you're only updating the site and not giving it a whole revamp? If that's that case and you need to replace imagery then you'll most likely have to source/crop/resize/manipulate to suit the current presentation.

The best thing to do is listen carefully to what the client wants and make a mental note of

1. the bits that you'll find easy
2. the bits you need to work at but are confident you can do
3. the bits you'll struggle with

Now, if most of the work is for 1 and 2 thn you should be fine, but any 3's and you'll have to make a decision on how you tackle them. I'd argue that by taking on the hard stuff you learn quickly, but if you really get stuck you could always get assistance.

Tip before you start: make a backup of the whole site and keep it safe. If you accidently overwrite a file on the server you can quickly replace the original.

[ReaperWD]

I would be very careful about the link on the website to the other webdesign company. if you modify it, then you either need to remove the link or get their permission to keep the link on the site.


Reaper

[Avera]

Absolutely 150% remove their link!

If the company you work for had any interest in maintaining a maintenance agreement with the previous company - that company would be doing the update.

Also - change the site - put your own mark on it.

Remember - the law in the UK says that if something is any more than 11% different... then it's too dis-similar to be claimed as theirs.

So change the background and fonts.

;-)

[ReaperWD]

Avera, on Apr 24 2009, 00:37, said:

Remember - the law in the UK says that if something is any more than 11% different... then it's too dis-similar to be claimed as theirs.

Never knew that. Interesting fact.

I'll keep it in mind when i have to modify clients sites.

Thanks


Reaper

[Guezala]

Ah fellas this is great thankyou so much...

I was a bit worried about what part of the content was the previous web designers "intellectual content".

I don't definitely have the job yet so fingers crossed. All your nuggets of wisdom have been very helpful so muah!

And if anyone has more to add ... please do!

[Avera]

ReaperWD, on Apr 24 2009, 00:46, said:

Never knew that. Interesting fact.

I'll keep it in mind when i have to modify clients sites.

I'd just like to back up what I have said because I have had 2 PMs asking me to do so.

I cannot find any concrete evidence that the law actually states this.

However I can tell you a little story. Are you sitting down children (take a drink of your milk and listen carefully).

---

I used to work for a small independent web design company in Brighton (well Hove actually - but that's not important) and we took over a website that had previously designed by another company.

We changed the background to have a titling baackground and the fonts from Arial to Verdana. Added 2 new pages and changed the footer credit link.

Suddenly - within 2 weeks any way - we had county court papers through the door claiming £10,000 against us in damages as we had alegidly taken their design and claimed it as our own by putting our footer link credit on the bottom.

They also offered us an out of court settlement of £6,500.

We thought it was rediculous, so we humoured it and told them that we welcome their legal action.

So it came to a small court in Brighton and we turned up, as did they. (This was the first time we had ever met them)

The Judge asked what the problem was and their case was, as above, that we were passing off their design as our own and gaining customers from the footer link that shoulk have been their customers.

Our response was that we had been hired to update the look and feel of the website by the client and had their permission to place OUR footer link on the bottom.

So the Judge asked us to show what we had done to update the site. We showed the changes to the background, font changes and many CSS changes.

The Judge ruled that since the website was now more 10% different that it was no longer the previous company's design and we were completely within our rights to claim it as ours.

The Judge also added that the site didn't belong to the previous company anyway as they had been contracted by the client to construct the website for them.

The previous company argued that it was the link on the footer they had a problem with.

The Judge stated that in his view that they were no longer entitled to the link neither could they claim the design as theirs as it was no longer their design (that's if it ever was).

Oh yeah sorry the Judge finished by Saying: 'Case dismissed';

Off the record he said to the previous company - "Please don't waste my time with a case like this again." - We think that wasn't the first time they'd tried it on.

EDIT: The case was in 2002 - I don't think that's important but it's a fact missing from above.

[Wes]

Avera, on Apr 24 2009, 13:29, said:

Oh yeah sorry the Judge finished by Saying: 'Case dismissed';

Heh, nice detail.

Seriously though, that was very informative, thanks -- it's interesting to see where the law stands based on actual cases.

Recently this type of takeover job came up, but it appears their keeping their designer on-board, so we can keep it exactly the same. I wonder if the web development company would argue that their work being used as is, however. Hmm..

[Avera]

The thing is - I'd like to see any design company claim a logo that they'd made for a client as their own.

A logo may be their work - but the client owns it - providing they've paid for it of course.

I don't see how a website design is any different.

[Guezala]

Thanks Avera this is useful to know cos this was exactly the scenario i was thinking of as i started this thread!