Hi Everyone, I'm new and would appreciate a little light shone on a few things for me...
I am an Australian budding feelance web designer and couldn't believe my luck when I stumbled across Drupal! I'm not much of a programmer you see so to be able to create dynamic content this easily is a dream come true. However... After reading the legal FAQ's I have a few concerns.
My plan is to create Drupal sites for clients with my own custom theme design (which they will pay me to do), then I will give them certain permissions so they can change/update the areas they want and I will show them how to do it. Now I think so far this is all legal, and I do not have to give the site code to anyone else. I noticed other people with this kind of setup are hosting the sites themselves though, which is something I do not have the know-how to do. Therefor I would be uploading the site to an external paid hosting company. Does this mean this company can use and distribute my source code (my main concern is my custom theme) to whomever they wish? Basically I do not want anyone to be able to use the custom theme a client has paid me for, I fear mainly my clients reaction if they find out! Also I know the value of giving back to the Drupal community and in the future intend to create custom themes soley for the purpose of contributing them to Drupal theme garden as my way of saying thanks to such a wonderful open-source program!
Thanks for listening, sorry this is such a novel!
Comments
Check with the host
Disclaimer: IANAL, and my knowledge is based mostly on US law. There may be caveats in Australian law I don't know about, so take this with the appropriate quantity of sodium chloride.
However, my initial reaction is to say no, that's not the case. The web host is offering you a storage service, much the same as a public storage company would be offering you a rental closet. The host does not have a right to either the code you produce or the data you store there. Check the fine print with your host, but any host that does claim they have a right to any code (GPL or otherwise) that you upload is a host you should not be doing business with, and I've never heard of a host claiming that it has a claim on code you simply store there. The host is not a recipient of distribution of the code, merely a storage facility for it.
In addition, even though the PHP code and template files in your theme must be under the GPL when you distribute them to your client that does not apply to any graphics or CSS that you write yourself (as opposed to modifying an existing GPL image or CSS file). The GPL also does not extend to the look and feel of the site itself; even if the entire code base is GPLed, the aggregate visual L&F of the site is a separate copyright (usually by a designer and handed over to the client) and is not covered by the GPL.
If you're serious about web design it would behoove you to have the above checked by a lawyer in your area, specifically one familiar with copyright and open source law in Australia. It's money well spent to be certain. You can check with the Free Software Foundation to see if there are any Free Software-friendly lawyers in your area they can recommend.
Welcome to Drupal!
GPL on Information Architecture of a Drupal website?
Hello, I'm new and I thank you in advance for your help.
I'm a webdesigner and I wonder if the particular structure of the content (Information Architecture) in a website made with Drupal is GPLed or it can have a separate copyright like L&F. Thank you!
Closer to design
The IA of a site is more design; it's definitely not code. The GPL on the code has no impact on the IA you use for the site.
Thank you!
So my client can use the code of the website I've created for him, but he cannot modify its architecture, L&F, under my name in the footer "Designed by...", nor create and distribute an identic site under his name?
I suppose you could insist on those conditions...
...but it sounds like an exceptionally bad idea.
Personally, I wouldn't be willing to deal with a contractor or company that intended to exercise that kind of control over my website after the job was completed. I'd also categorically refuse to work with a designer who wouldn't transfer ownership of the design to me. I'd only enter into contracts where the design/IA/engineering are treated as work for hire and revert to me (after I've paid in full, of course!)
Things like design credits can be (and often are) negotiated into contracts, but I'd consider a designer or developer claiming ownership of key components of my business identity like website design/branding or information architecture a significant risk to my business.
IMO, the whole point of using a tool like Drupal is to put the maximum amount of control in the client's hands. It sounds like you'd prefer to retain a very significant degree of control over your clients' websites. You might want to ask yourself a) what you gain by that and b) the client gains by it.
What's the rule?
Don't consider what "sounds like" or what one can gain: I just asked what is the rule. I want respect the Drupal terms, that's the reason why I asked for help!
I don't want to retain any control, just simply understand if I have some rights on my work and be clear with my client. If he can do (in theory, but maybe he doesn't want) whatever he wants, good: I have to indicate that in the contract, right?
GPL
At least as far as the GPL is concerned, it applies only to the code itself. Restrictions on anything else, including which of you holds copyright to the code (and therefore can decide IF it should be distributed at all), depend on the laws in your area and the terms of your contract. For those, hire a real lawyer, which we are not. :-)
Also, for future reference it's probably better to open new issues rather than reopen long-gone ones.
Ok! Thank you!
I thank you very much for your complete and very useful answer! I will follow your advice, ... also for my future reference on this site!
Thanks
Thanks for your advice, much appreciated. I have been intending to see a lawyer about drawing up contracts and such so I will do as you suggest and ask them about the local law here in OZ! Cheers
Stephanie Ruth