Purchasing a website – frequently asked questions

What does the purchaser buy?

The Artist provides the purchaser with (i) a data storage device containing digital files of the source code, (ii) a certificate of authenticity for the work generated by Ascribe (a system that tracks the ownership and, hence, effectively guarantees the provenance of the work), (iii) a video file that documents the website – the ‘look and feel’, the individual pages and the functionality, and (iv) the right to lease the domain name (URL) with the first three years paid up.

Does the purchaser have any responsibilities?

Yes.  The purchaser is contractually bound to renew the domain name and hosting to ensure that the work is continuously online and publicly accessible.  In the event that the purchaser does not fulfill these responsibilities, the ownership of the work reverts to the artist.

Is the purchaser credited in any way?

Yes. The name of the purchaser is added to the source code of the work and the tab and address bar may be amended to included the name of the purchaser.  For example:

wwwwwwwwwwwwww.net – the collector is credited in the tab, the history cache and the source code;

http://www.collection.evan-roth.com/olia_lialina/clear.gif – the url has been updated to include the name of the collector

What if the cost of fulfilling these responsibilities becomes onerous?

The purchaser may, at any time, transfer ownership of the work to the artist.

What if it is no longer technically feasible to maintain the work?

If, despite the best efforts of the owner, the work can no longer function as a web-based work then the work will become the source code and video file that documents the work.

How can I obtain a copy of a sales contract?

In general, sales are based on Evan Roth’s Web Sales Contract.  The contract builds upon Seth Siegelaub and Robert Projansky’s The Artist’s Reserved Rights Transfer and Sale Agreement and Rafael Rozendaal’s Web Sales Contract.

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