Do I have right to ask a client to pull down their website?

[Frustrated]

I have created a series of Facebook Apps and a website for a marketing agency for a couple of their clients, however we are now in dispute regarding some of the invoices which have been raised for the work completed. The client did not ask me to sign a contract / agreement and as such I believe I own all the custom source code which was used for the apps and website.

What rights do I hold on this source code? Do I have a right to tell them to pull down the website and apps unless that pay what is owed?
Update: I should have added I am waiting on a callback from the Copyrights team at IPO. Thought it was worth asking for some public opinion while I wait.

[shOrtie]

I suggest you consult your business lawyer.

[Andi]

The specification and therefore the origins of the design, belong to the client.
therefore you are merely the workman implementing the design.

however vague, the design concept may have been...
it can be argued that way.

if you had created such an item independently prior to meeting the client/customer, then you are now selling with tailoring of your creation not your labour, that would be different.


if you failed to establish terms and conditions,
and transfer of any rights, then you are not very professional and have left yourself open.

Copyright may not enter into it,
You were employed to do a job, it is normal for full rights to use to be transferred.
eg Maybe not re-sale /transfer of the asset (like a kettle),
or that
having been commissioned to do it, that "you" may not now re-use the work you were paid for by this employer and client.


The client would have a full expectation of exclusivity over the design
it would not exist if they had not requested it after all.

i.e. they paid for all your time to make it.
not you created a product and then sold some of the value of it,
knowing that you will sell it multiple times from 'our' investment of time.


as at the start
The specification and therefore the origins of the design, belong to the client.


you need legal advice, and witnesses to the original discussions and 'assumptions' - they will clearly be different from both sides, hence the need for T&C's and contracts to ensure lack of dispute, including payment terms and penalties (delay in payments, and when completion and later acceptance is determined)

Copyright is a nice try, but without prior art it can be readily argued it was your labour and skills but not artwork that was used.

it is a mess basically.
but you essentially just have a bad debt, sue them in the small claims court,
not mess around with vindictive type reactions.

You have handed over the website, so it is no longer in your possession,
you can only go after the debt.