A website client has refused to pay for a design that she claims is 'unsatisfactory'. After over a year trying to work with her, she contiunually refused to co-operate in the process of feedback and instructions. I have issued a small claim against her and it is going to court. However, for the last two months, the unsatisfactory site has been used by her on a new hosting site. The site was my design and I did not get paid. Advice sought on how to stop her using it.
2006-10-26 23:07:19 · 5 answers · asked by Druantia 3 in Business & Finance ➔ Small Business
Can you prove it is your design? You will need to copy the web from your computer on to a laptop and take it in to court and show the judge the file dates - so that you can demonstrate that you did the design. Also that you did the design prior to her using it. In future put the copyright symbol - followed by your name on the Home Page when you design a site. It only has to be small and you can copyright in a business name that you are known by. If someone copies a picture or part of my website - that isn't an infringement of my copyright. But the whole site - even though it's only a tiny sub-domain is copyrighted under my user name. Putting something on a website that only you know about - is handy for proving copyright too. Put a link in embedded in a image to a "copyright page" in future. In fact that is a bloody good idea for all webmasters! lol
2006-10-26 23:34:05 · answer #1 · answered by Mike10613 6 · 0⤊ 0⤋
The copyright of a design is always held by the creator unless otherwise stated. If you put on her site that she holds the copyright, then it's hers and there's nothing you can do with regards to having her take it down or getting it back.
When I create a website for someone, I never give them the whole thing. I'll give them a .pdf or a .jpeg to show them what it's going to look like and if they like the basic design, I build it and upload it to MY FTP. I give them the link where they can see what it's going to look like and work with it to make sure that they like the design and the function. They do not get it, and it does not get uploaded to their hosting until I get paid. And the reason is to avoid things like this. Copyrighting a design is tricky business and I'd much rather do a little more work now, than later.
If the client doesn't like the design, and if they refuse to co-operate, then I've wasted time, but I still have a design that I could use for someone else. But never, never do I give it to them until I have been paid atleast 1/2 of my fee and arrangements have been made for the other half. Most of my clients pay 1/2 when they have a design that they can see ( .jpeg) and the other 1/2 when it's finished and to their liking. Once I receive the money, they get their site loaded and online working for them.
2006-10-27 02:27:00 · answer #2 · answered by Imani 5 · 0⤊ 0⤋
The issue would be if the work was for hire, whether you had a valid contract, and if you have the exclusive copyright on it. Copyright falls under federal law, so you will not be able to address all the issues, unless you remove the case to district court (which usually requires an attorney), which also has the power to issue injunctions. If you had registered the design with the copyright office, you could also sue for damages, attorney fees, court costs etc. If you did not register the site with the copyright office, you are limited in your claims, and will have to pay for an attorney yourself. If you continue the matter in small claims and do not address ALL the issues, you could lose your rights, and possibly the copyright on the web page iteself, so you need to see a local attorney as soon as possible, before the small claims appearance.
2006-10-26 23:20:54 · answer #3 · answered by Sir Ed 4 · 0⤊ 0⤋
Unless you signed a contract or made an agreement that said something else then the copyright on the website belongs to you.
However this might not be sufficient to stop your client using it - you would have to take the matter to court and ask them for an injunction. Since you already have a claim in the small claims court you might want to see how that goes before taking any other action.
2006-10-26 23:15:48 · answer #4 · answered by Anonymous · 0⤊ 0⤋
There is such a thing as 'intellectual property rights'. This was something that I would use over my clients when I was pitching my ideas for their brand promotions etc. I needed to protect my work and my ideas whilst they were in the process of being looked at. She really shouldnt be using your stuff without your permission or paying for it but I imagine it will cost you a fortune to seek recompense. good luck anyway.
2006-10-26 23:11:53 · answer #5 · answered by shirley p 2 · 0⤊ 0⤋