Discussion:
What is the name of your state? FL
Hello,
I'm having this happen for the 2nd time:
I designed a site template for a client. Put in the code: DO NOT REMOVE where my credits were, this person was aware of this since the beginning, yet, because we stopped working together, this person removed my credits and put it's own copyright notice.
I e-mailed her requesting to fix this, but got a reply stating that I was the one violating her copyrights, and that she directed the entire design (which is not true) and provided 1 image (which I later found out was stolen). That I should be the thankful one.
I also did book cover for her... which she also states that she told me what to do, when it is NOT true.
I do know for a fact (said by her) that she steals any site that she likes, makes it hers & then put a copyright notice to it.
What can I do to stop this and regain control of my rights?
Answer:
Simply show her the part of your written contract which outlines who owns the copyrights and mandates that that a copyright notice be placed on the site with your/your company's name.
Then stop doing business with her and find some more ethical clients.
Answer:
There is no written contract, it was all done over the phone...
Any better ideas? Oh! And of course that I'll never work with her again.
Answer:
Bumping up...
Please, I need input on how to handle this.
Answer:
What do you want to get out of this? How much money are you willing to spend to pursue this in the courts?
You could file a takedown notice with her ISP, use Google or check out 17 USC 512(c) on , but if she disputes the takedown notice, you either have to go to court or give it up.
Next time, make sure you have written contracts in place to cover situations like this.
Answer:
Actually,
Being that this forum is supposed to provide legal advise, I was hoping to see input on how to fight this... Not a rude reply of "give up"...
Because of the lack of actions is that people like her try to get away (and probably do) with anything...
Ok, I made a mistake, there was no written contract, but there were e-mails, phone conversations & last but not least, what I THOUGHT were MY RIGHTS!
Is there any case law of people claiming ownership over webdesign work, or regular graphic artwork (book covers)?
I just don't believe in giving up, as I truly believe in that saying that: "If you are not part of the solution, then you are part of the problem".
Is that sooooooooooooo much to ask????????????
Answer:
As I noted in my post above,
"You could file a takedown notice with her ISP, use Google or check out 17 USC 512(c) on , but if she disputes the takedown notice, you either have to go to court or give it up."
There is no magic way to resolve this issue. Copyright infringement is a federal issue, which means that it goes to federal court. Further, even if you were to take a shot at this in small claims court, what are you damages? Small claims court can only award monetary damages, it can't give you ownership of your copyrights. If you want a court to rule on the legitimacy of your rights, you'll need to file a case in federal court.
Start with the DMCA takedown notice to the ISP, and see where that takes you.
Answer:

I just don't believe in giving up, as I truly believe in that saying that: "If you are not part of the solution, then you are part of the problem".
Is that sooooooooooooo much to ask????????????
Your biggest obstacle is the lack of a WRITTEN contract. Did your emails address ownership of the IP? I doubt they did. With that said, you were contracted to provide something to the client, which the client reasonably believed would become her property...and you have no proof that it wasn't supposed to become her property.