Design Copyright infringement. What can I do?

What kinda of designer won't give the clients the design work they paid for? Never in my fucking life have I told someone "ohh.. noo.. sorry.. that website you paid me for, yeah its actually mine.. you are just renting it." Are you high? You "lease" designs to people? wtf. I wouldn't have made 15 websites with you let alone one after you tried something like that.
 


HiGhPeR said:
What kinda of designer won't give the clients the design work they paid for? Never in my fucking life have I told someone "ohh.. noo.. sorry.. that website you paid me for, yeah its actually min.. you are just renting it." Are you high? You "lease" designs to people? wtf. I wouldn't have made 15 websites with you let alone one after you tried something like that.
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The sites are up and running and delivered to spec. The choice to fall back onto standard copyright law was a defensive move against someone who was trying to screw us.
 
b_sun said:
The sites are up and running and delivered to spec. The choice to fall back onto standard copyright law was a defensive move against someone who was trying to screw us.
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But I guess I don't understand how they are screwing you.. they paid for a website, and now are using it as they please. I would understand if they didnt pay..
 
HiGhPeR said:
But I guess I don't understand how they are screwing you.. they paid for a website, and now are using it as they please. I would understand if they didnt pay..
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Not paying is a part of the shit they have pulled. I have had to send 2 Pay or Fail notifications by certified letter to get our money. The bigger deal is the ripping off of our design process and screwing us.

This has turned stupid and off topic. I got what I needed out of the post. Thanks to the on topic responses.
 
If the new sites with the same design are owned by them, I don't see a problem.

If they instead created a website for another company using the same design and of course are still using the same design elsewhere, then you'd have a case.

Unless you have a specific contract detailing 'per usage' as opposed to royalty free, you're screwed.

Do you have something in your contract or agreement saying that they can only use one instance of the design/website/code in one sole location?
 
kblessinggr said:
If the new sites with the same design are owned by them, I don't see a problem.

If they instead created a website for another company using the same design and of course are still using the same design elsewhere, then you'd have a case.

Unless you have a specific contract detailing 'per usage' as opposed to royalty free, you're screwed.
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Thanks for the reply. Our lack of a detailed contract is the biggest problem here, unfortunately we didn't have any idea when we started with these clowns.
 
b_sun said:
Thanks for the reply. Our lack of a detailed contract is the biggest problem here, unfortunately we didn't have any idea when we started with these clowns.
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Market standards would be against you then in terms of re-use within the same company. If you had any kind of communication with the client detailing the usage it'd be your best bet to dig those up, something during the work, not during the 'fighting'.

The closest thing I can think of is basically this, you make a logo, you tell em they can only use it on their site (ie: this is their corporate identity we are talking bout), they decide to put it on their business card, affiliate websites, news paper ad, letter head, you come back along bitching and wanting to sue them for it (as opposed to actually just coming up with your "royalty free" price).

IF you don't allow re-use by default (ie: within the same firm) you need to be extremely upfront with that.
 
Regardless of who's truly at fault...you, them or likely somewhere in between...live, learn and move on IMHO. Chances are, learning how you can get screwed in a partnership will keep you (hopefully) from making the same mistake in the future.
 
Im no lawyer but pretty sure you'll need a contract to claim any extra terms, copyright, or ownership brotha.

If you got stiffed on the money you should have a small claims case but they may just say something to argue the $amount. Then it's back on you to prove it via a contract or other documented communication.
 
For those of you giving this guy a hard time - his "clients" basically took a script he had licensed for xyz websites and put it on other sites.

No different than if you bought a single domain script and put it on 10 sites. It's theft.

However, if this is just over a layout it's a stupid thread :)
 
yeah your trying to claim a bunch of bullshit on something you probably never told them. I doubt you even have a contract with them right that says they can only use the design for that website right? Even then they paid for the website and everything that comes with it including the coding.

I don't know what "recreating" means to you but I am guessing they used the same website but just swapped logos and other things? if thats true then you'r an asshole for complaining about something like, if its true. They bought the website and everything that came with it. They get to do what they want with it. Its obvious something happened between you two and your bitter and trying to get back at them some how. Just get over it and move on stop being a douche bag.
 
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b_sun said:
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.
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hahahahaha

>nosebleed<
 
b_sun said:
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.
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christ, I'm losing quarts of blood here. What a numbnut.

You should patent your 'design process' quick.

"A novel way of designing a website while wearing furry slippers and a buttplug".
 
identity_00 said:
Im no lawyer but pretty sure you'll need a contract to claim any extra terms, copyright, or ownership brotha.

If you got stiffed on the money you should have a small claims case but they may just say something to argue the $amount. Then it's back on you to prove it via a contract or other documented communication.
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Yeah, you're right, you are no lawyer. You have it backwards. Without a contract the designer owns everything. You need to put a contract in place that says the work being done for you is yours and that you own all rights to it.

Now, that being said, only a complete douchebag plays that card without cause and I've only had to do this once in my career when I didn't get paid for some work I did. I threatened them with everything I had ever done for them previously and they produced a contract for me to sign stating what work I had done was theirs and I received my payment.

All you guys having $10 logos produced by strangers in the BST section ought to keep this in mind. If you were to turn one of those logos into a muti million dollar company your $10 Indian might show up knocking on your door looking for royalties. Keeping a little one page Work For Hire contract at your disposal to have anyone doing design work for you sign isn't a bad practice to get into.
 
Having no formal structure to your relationship will make a suit harder not easier. Sending a dmca take down to the host, google, etc. will probably get the job done, and takes all of 5 minutes to do. If you're unsuccessful with that there's plenty of dirty shit to do. Eli has a decent post on it btw. The message you want to send is that you are better at the Internet than they are and they're going nowhere until you are happy, so it doesn't matter if you are right or wrong.
 
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