[consulting] Failed Outsourcing Job

[Doug Johnson]

Just to step away from the ethical part of this...unless you have a work
for hire agreement (and the for hire part would include paying) the copy
right for that work is, at least in the US, assumed to live with the
creator.
In the beginning it did sound like there might have been an agreement, but
not a contract. If you have nothing that says that you have the right to
use his work, you actually don't have the right to use that work.
Interestingly, even if you paid him in full, if you didn't have something
in writing that gave you the rights to use it, you still wouldn't be able
to use it.
So, for better or worse, you are on the short end of this stick UNLESS you
have a written agreement that states that you get the rights you need on
"such and such" a date, regardless of the payment. I'm guessing you don't
have that.

On Thu, Feb 28, 2013 at 12:47 PM, James Porter <jameslporter at gmail.com>wrote:

> Sounds like spec / expectations were not clear.
> On Feb 28, 2013 12:37 PM, "Marty Rynearson" <marty at rynearson.net> wrote:
>
>> +1 on what Jeff said. If I ever made a 100% payment upon completion
>> contract ( which I would never do) I would make it on my own server. Upon
>> approval and payment the theme would then be transferred.
>>
>>
>>
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