Design Copyright infringement. What can I do?

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b_sun

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Apr 7, 2009
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I run a small web design company. We worked with a marketing firm for a while. After about 15 sites, said marketing firm decides they want all of the CMS back end access. We remind them of the design copyright we own by default. We go back and forth and fight over it, they lose.

Now, they have recreated 2 of the websites on their own hosting. EXACTLY designed like the sites we designed for them. This is a direct infringement of our design copyright.

They will be getting a C&D.

Other than a major federal lawsuit, what are some of the other avenues I can pursue? Google DMCA? C&D to their hosting?

Your experience and suggestions are appreciated.
 


Everyone is just going to tell you to speak to an attorney, and you should. But, here are my two very worthless cents.

If they have enough balls to directly copy your shit, then they'll likely ignore a C&D. Although, they probably have already discussed the move with their attorneys (or maybe not).

If it's as egregious as it sounds, sue the shit out of them. That is, if they're a big firm and have enough moneys for it to be worth your time and an attorney's time.
 
productionhead said:
They pay you for the design - why the fuck couldn't they re-use it? Are you leasing the web design or something?
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yea I fucking hate designers like this. Before I was edumacated on the interwebs this designer registered a domain I was interested in and tried to get me to design the site while he owned the domain. Could you fucking imagine.
 
productionhead said:
They pay you for the design - why the fuck couldn't they re-use it? Are you leasing the web design or something?
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Because by law or unless other wise stated in a written contract, the design copyright remains in the ownership of the designer. The were not sold or leased a license to design copyright. They paid for the finished product (website), not the design.

I have an IP lawyer already, as we have been battling out for months on the access. Filing a fed lawsuit is very fkn expensive.
 
Are you able to login to the CMS (maybe you have a master login or something)? Are they linking to anything on your site/hosting (images, CSS, etc?) In your interactions with them, did they ever give you a password for anything (maybe like a Godaddy account or email account)?

Try to login to the CMS/hosting with any usernames/passwords they may have given you in the past. Some people are incredibly dumb and will use the same PW over and over. If they are linking to your site for any reason, replace that file with something. One agency stole my friend's designs that he worked on. The idiots kept hotlinking to his server. Suffice to say the client's site was x-rated the next morning.

If you want to get really dirty, buy up similar domain names, use the same designs, and outrank for their keywords. You could also put the designs up for sale at various template sites in order to dilute their brand. You could also try contacting the client and telling them about what happened.

Or you could just call a lawyer :)
 
b_sun said:
I run a small web design company. We worked with a marketing firm for a while. After about 15 sites, said marketing firm decides they want all of the CMS back end access. We remind them of the design copyright we own by default. We go back and forth and fight over it, they lose.

Now, they have recreated 2 of the websites on their own hosting. EXACTLY designed like the sites we designed for them. This is a direct infringement of our design copyright.

They will be getting a C&D.

Other than a major federal lawsuit, what are some of the other avenues I can pursue? Google DMCA? C&D to their hosting?

Your experience and suggestions are appreciated.
Click to expand...

Fire off a C&D and move on with your life. The amount of time, frustration and possibly money trying to chase this down is likely not worth it. Spend the time locking in new clients and taking care of your current ones. That's my opinion anyways.

I had a situation that I got fucked over pretty bad on not too far back. I was irate for a few days, then decided to channel all that energy into building my business vs. getting revenge on this douchebag. Really glad I did. I managed to lock in 4 new really good clients in about a 2 week period, and it's been growing non stop since then.
 
b_sun said:
You do own the paint. What you don't own is the right to make the exact same car and sell it as yours. Follow me?
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You mentioned they re-created the website on their own hosting.. Did they actually re-create it *and* sell it to a 3rd party, or just used the same design for 2 of their own projects ?
 
If I was the marketing firm this would be my thought process...

1. I ask for CMS/Back end to MY website.
2. I get refused based on copyright by your web design company.
3. I then hire another company who lets me own what I contract them for.
4. New company *recreates* the website we already paid/planned for with your company.
5. Never deal with your company again.


Here's the repercussions for your company if you decide to follow suit,
1. They change a small amount of the design and you flat out lose before it's in court.
2. You waste a lot of money / time which could be spent acquiring new clients.
3. A *marketing* firm(and affiliations/friends) now hates you and your company.

They hired you for 15 contracts, you could of bent the rules a little bit and still have your client/contracts/future business.

Good luck in the future bros
 
nvanprooyen said:
Fire off a C&D and move on with your life. The amount of time, frustration and possibly money trying to chase this down is likely not worth it. Spend the time locking in new clients and taking care of your current ones. That's my opinion anyways.

I had a situation that I got fucked over pretty bad on not too far back. I was irate for a few days, then decided to channel all that energy into building my business vs. getting revenge on this douchebag. Really glad I did. I managed to lock in 4 new really good clients in about a 2 week period, and it's been growing non stop since then.
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This is an excellent point, and pretty much the mantra I have kept up during this whole incident. However, I plan to do what I can that isn't a huge time or money sink.
 
b_sun said:
You do own the paint. What you don't own is the right to make the exact same car and sell it as yours. Follow me?
Click to expand...

You're contradicting yourself. Do they own the designs or don't they? Make up your mind.

If they own the paint, they own the car. Just because they stopped buying the gas for the car from you doesn't mean you get to back and steal the car.

I know copyright law. I know it says you own the designs unless a contract states otherwise but you really shouldn't play that card unless you didn't get paid for the design work. That's just underhanded business and it makes you look bad.

Word of mouth is your most powerful asset and I doubt these people are going to have anything good to say about you if you carry on down this path.
 
Fatbat said:
You're contradicting yourself. Do they own the designs or don't they? Make up your mind.

If they own the paint, they own the car. Just because they stopped buying the gas for the car from you doesn't mean you get to back and steal the car.

I know copyright law. I know it says you own the designs unless a contract states otherwise but you really shouldn't play that card unless you didn't get paid for the design work. That's just underhanded business and it makes you look bad.

Word of mouth is your most powerful asset and I doubt these people are going to have anything good to say about you if you carry on down this path.
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Agreed. I didn't read this thoroughly the first time. What's with the vendetta OP? Did they not pay you? Bang your mom and / or sister? Simply not want to work with you anymore (can't imagine why)? Or are you just in the habit of ball busting clients over petty stuff like this?

I hate to jump to conclusions, but that's sure what it looks like.
 
nvanprooyen said:
Bang your mom and / or sister?
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nvanprooyen said:
Agreed. I didn't read this thoroughly the first time. What's with the vendetta OP? Did they not pay you? Bang your mom and / or sister? Simply not want to work with you anymore (can't imagine why)? Or are you just in the habit of ball busting clients over petty stuff like this?

I hate to jump to conclusions, but that's sure what it looks like.
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Yeah I should of explained it better. The 'vendetta' is because they have basically stolen our design process under the guise of working closely together over a year and a half. Lying to us the whole time about their intentions. Who's fault is that? Ours, for not protecting ourselves better and getting swindled. Doesn't mean I like it or am willing it to take it dry. They want the access to further steal how we designed their sites and cut us out of the agreement we had. Pardon me for not letting them bend us over any further. Its how business goes and I'm not crying about it, just answering the above question.

I've got several happy clients that send us business on a regular, because we treat them very well in product and service. People who try to fuck us dry aren't going to get that treatment.
 
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