Web Design Contracts

If you have ever hired a Web designer/developer or other type of independent contractor, or if you have done work as a freelance designer/developer then chances are you have had to sign a contract. In this post I want to briefly go over the most important clauses that need to be included in a Web design contract between a client and an independent contractor.

• Warranties and Indemnification: The designer needs to warrant (promise) that any of the content or other page elements that he/she designs will not infringe on any copyright laws. In return, the client needs to assure that any content he/she gives to the designer for placement in the site doesn't infringe on any copyrights as well.
  
• Payment Terms: The designer should describe how he/she will bill the client for services, as well as how any defaults will be dealt with. Personally, I also put in a Late Payment clause in my contracts.
• Limitation of Liability: If something were to go wrong with the Web site, the designer can limit his/her responsibility to the client. This clause should make clear that the designer won't be liable for any damages (such as a lawsuit brought by a 3rd party). And, the designer's total liability should not be more than the total amount of the project.

There will be many other clauses to put in the contract that will also be important, but you should especially look out for the 3 I mentioned above if you decide to have someone else (like a lawyer if you can afford it) draft it or buy one. I know that all this legal stuff may be confusing, but it's important to understand what you might be getting into if anything ever goes wrong.

A great place to start if you are looking for contracts is the Nolo Web site
I also found a great book if you are interested in copyright law: Legal Guide to Web & Software Development by Attorney Stephen Fishman

Disclaimer: please note that I am not a lawyer. If you have any concerns about the issues mentioned in this post, then please contact a lawyer. By providing the link above, I do not guarantee, approve, or endorse the information or products available at the site, nor does a link indicate any association by the linked site to myself.

Do You Know the Copyright Law?

Do you know what is copyrightable and what isn't? The Copyright Law of 1976 protects original works such as written and musical works, dramatic works, movies, photos, graphics, and sculptural works. Things that aren't copyrightable (but some of these may be able to be patented or trademarked) include facts, ideas, government works, titles, names, slogans, symbols, designs, and lists.
In a Web site, content such as the text, images, video and animations are protected, and if the site is database driven the database is also protected. According to the copyright law, the creator of the work (the designer) is the copyright owner unless the contract with the client specifies otherwise. That means that the designer grants the client with a license to use the Web site design. And that also means that even though the Web site may bear the copyright symbol, the year and the client's name, that copyright only covers the content that the client provided.

Regarding Web Site Redesigns
If the designer is the copyright owner, then he/she has certain rights under the Copyright Act. Some of these are the right to reproduce the site and the right to make derivative works. So if a site needs to be redesigned by the original designer who created it, then there would be no infringement of the copyright. But if the client hires a different designer to redesign the site, and the other designer uses some of the graphics that the original designer created without permission, then there may be an infringement of the original designer's copyright. It is important to understand what the contract stipulates about copyright ownership.

Please note that I am not a lawyer and that laws may vary within different jurisdictions. It's best to discuss these issues with a lawyer if you have questions or concerns.

IE8 Beta 1 Released!

I have an answer for my question in my Jan. 4, 2008 posting - when will IE8 be released? Well, it has been (at least the public beta version 1 for Windows) and I have downloaded it to check it out. You can download it here: http://www.microsoft.com/windows/products/winfamily/ie/ie8/readiness/Install.htm You can also check out the toolkit that describes features, tools and resources that Web developers will find useful. Some new features for end-users will include "Activites" where users can look up information quickly on a page or send info (such as posting info into their blog), "Webslices" which is like subscribing to RSS feeds, a made-over Favorites bar, automatic crash recovery to help prevent loss (Firefox and other browsers have this already), and improved security features.

I've installed the beta version and I noticed that you can emulate IE7 (which is nice for testing) if you want to browse in version 7. The look of the browser itself - the chrome- looks very similar to IE7. I'm going to check it out more to see if it does really live up to the improved Web standards support that MS claims it has.

Why I Like the Opera Browser

I've been using Opera for quite some time now, and I have to say that I prefer it over the other major browsers. The first and foremost reason is that it supports Web standards. It was the second browser to pass the Acid 2 test: http://www.webstandards.org/files/acid2/test.html (check to see if the browser you're using is standards compliant.) The development team for Opera proudly announced that it has passed the new Acid 3 test ( http://www.sitepoint.com/blogs/2008/04/01/opera-and-safari-pass-acid3-test/ ) Opera is one of the browsers I use to test pages.
It is also very user-friendly. The features I like best are the magic wand tool that automatically enters your username and password for sites that require them and then proceeds to the next page without you having to press enter or the "login" button. I also like the fact that it remembers the last page that you visited and asks if you want to open it again or go to your home page when you open the browser. The transfers page shows the progress of files being downloaded, and the Speed Dial page helps you jump quickly to your favorite Web pages. I think that users will also appreciate the security and speed. You can also have an Opera email account, blog, download cool widgets, and photosharing. And, it's free!
I know that this post is starting to sound like an advertisement for Opera, but like everything else there are drawbacks (but they are small). Unfortunately not all Web page designers/developers write code to support the browser (probably because the majority of Web users use IE). Despite this, I will still continue to use it.

The Visual Element Web Site Launch!

It's official! My Web design business Web site has launched! In it you will find important information about the services I offer as well as my Web design, photography and graphics portfolio. Check it out here: www.the-visual-element.com

I'm also excited to announce that I am one class away from getting my Web Technologies certificate from IWA! I'll let you know when I get it...