I did a website layout for an organization that my organization was affiliated with. I did an initial layout for them in 2008 and had no issues. They requested changes to the website layout which involved me having to redo the site (old HTML style). They got the bill and voted to only pay half of it. After 2 months without any payment I took the new site down. They requested the 2008 site be put back up until they paid. 3 months after the original invoice due date a check for half the invoice amount was paid. I tried to put the new site back up but they locked me out and said they were taking over the site from there. I recently checked back with the site and they used my design, words/content, and replaced Designed By: Myself with Designed By Their Committee. Clearly they ONLY changed the header, but based off my original idea. Is this grounds for copyright infringement? Can I take legal action? If so, what do I do?
Screen shots here: http://www.flickr.com/photos/94823397@N00/4972516007
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Is This Considered Copyright Infringement?
Posted on September 9, 2010.
if your contract stated usage restrictions in the beginning, then yes. but if not and they have enjoyed using the graphics, layout, etc. without specific restrictions, they can make a stronger argument that they own them and are recognized by them.
this is one for the courts-is that really where you want to take it? consider your own reputation…you could lose business in the long run.
I suggest you write them a letter and state your position but I don’t know if you really want to make threats that you won’t/can’t carry out or that would hurt you more then them in the long run.
However, if you did have a clear contract that explains use restrictions, then drop the hammer on them….they sound like slug-payers and the type of organization that tries to get by without paying up.
Unless there were any terms stating otherwise, you were contracted by the organization to design the web page, so your work is actually owned by them. But, if they did not pay the agreed upon price, you need to talk to a lawyer about forcing them to pay the remainder.
Forget copyright, go for libel.
Hire an attorney to write the registrar, TUCOWS, a letter telling them of libel to your reputation. And that the Registrar take down their website.
And send letters to websites that use a link to there website, and even google to take down their links.
I can’t find it on archive.org so there is no archive of it there.
The google of the site in 2008 shows you as the designer, you have a case. Libel here would be easy to prove, and but unless you had it copy written good luck there. Which they show the Milan festival as the copy write owner.
You can absolutely take legal action as they are STEALING your work and claiming it as their own. This is plaigerism. All you have to do is threaten to take them to court and they will most likely settle out of court. All you really want is what you are owed, which is the other half of the invoice. After that, they can do with the website whatever they want.