Having a signed contract is important, whether you can enforce it or not. Other than that, logging your code in a version control system may help you.
Use version control system (SVN/GIT) for your projects, commit everything you code there. When things go wrong, you then have a proof of your authorship for the codes you’ve done.May be you could then file a DMCA and hope to get the product removed at least from ThemeForest.
It seems there is a confusion. I as a developer want to upload my coded template/theme (based on other party’s design) to ThemeForest. Now, if designer breaches the agreement and doesn’t allow me to upload the coded work here for sale, what I can do? because even if I upload the template/theme he can get it removed easily through DMCA wrongfully stating that he had no agreement with me to sale template/theme based on his/her design.
Why not simply get a lawyer to write a small contract/agreement?
I don’t feel I need to hire a professional lawyer to get the contract written. As suggested by Medians, there are plenty of contracts available online which can be used with some modifications. That’s not a big issue.
Here the issue is, how can I make any such contract enforceable in most feasible manner? Because if in order to enforce such contract I’ll need to spend plenty of money in court proceedings it might be best to just let it go.
Get whatever contract you want, but if you can’t afford to pay a lawyer to litigate it in court, then paying a lawyer to do up a contract is a waste too, and this isn’t even taking into consideration your partnership may be international under different laws…
That’s the issue here, I was wondering if there is any alternative way to make such contracts enforcible.
Work with professionals and nice people, not with everyone.
First chat on skype, see if it is a nice guy. See if it has been worked before as a designer, what it has done before. Ask him to do a task for you. For example extract the thumbnails from the PSD design. If it will agree to do that immediately, then it is responsible, but if you are needed to explain why should it do this, then this does not look like a good partnership.BTW. You can see from start if the partnership will be successful or not, by talking with him. Ask him various thing and if you enjoy the conversation, work with him.
Thanks for the reply. Although I do agree that analyzing your prospective partner’s previous work and behavior will substantially reduce the risk factor in your collaboration, but what I’m talking about is sort of a legal point of view.
Some measures, which both parties can take in order to secure themselves, just to be on safe side e.g. may be some sort of digital contract or something else, and how that would be enforceable?
I asked the same question to Envato support. Their answer is quoted below:
According to our ‘Author collaboration’ guidelines we cannot get involved in any dispute or issues: https://help.market.envato.com/hc/en-us/articles/202500254-Author-Collaboration Our recommendation regarding your question about the agreement is to seek out a contract written by your local legal council.
As expected Envato will not entertain any such agreement. Now, what is the best way to secure yourself in such collaboration? What most of the people here do mostly?
Normally when a theme supports AJAX functionality there is an option in the backend to disable it. Contact the theme author, he/she can better guide you in this regard.
Well, that’s a shame. Flexbox is a pretty powerful module. I was under the impression that IE-9 supports it using -ms prefix, but it doesn’t seem the case here. Nevertheless, thanks for your reply.
First of all, I understand that collaboration agreement should be based on mutual trust. But here is a scenario, In collaboration of a designer and a coder on ThemeForest, designer is secured in a way that he/she can submit a request to Envato to takedown coded design uploaded through coder’s account.
Now AFTER collaboration agreement through email. If designer disappear altogether or he/she simply don’t allow coder to upload the coded item unless some conditions are met (provided no such conditions were imposed before making the agreement previously).
At this step, coder is vulnerable to any type of blackmailing from designer’s end.
My question is, how a coder can secure himself from such situation? As I don’t feel Envato will entertain screenshot’s of email agreement.
I wanted to know what system different authors use for calculating partners commission at month’s end. Currently, I’m calculating manually. But if I’ve collaborated with a lot of authors, manual process seemed cumbersome.
1: I’ve no team mate. However, I’ve worked on a WordPress theme in collaboration with another author (designer). I like one of his template here on TF and I myself contacted him, offering to convert his tumblr template to WordPress theme.
2: Be honest with others in dealing, but always protect your interest. During my collaboration, we both decided the terms of collaboration and then I started coding the WordPress theme. After one month, when I’ve done coding and was ready to submit the theme. My fellow author (designer) raised some concerns regarding copyright of his work and he stopped me to submit the WordPress theme until his concerns are answered by Envato support center.
As logically if he had such concerns, all such issues should’ve been discussed by him before allowing me to start working on this project, I also got worried. Because if my fellow author (being original designer) doesn’t allow me to upload the WordPress theme, all my work of one month is going to waste. But fortunately, it went out just fine.
3: Some authors sign a digital contract, but I’d relied only on email records.
4: Simple email for communication
5: I uploaded WordPress theme from my account. So, no issue of sharing account.