Hi
I have a major client who has basically copied 90%+ of the site I did for them to make a Chinese version. I have a contract which clearly stipulates that the only copy of the site they are allowed to make is for backup purposes only and I also verbally re-inforced this beforehand.
This is UK law jurisdiction. Any advice welcome as I am seriously tempted to switch their main site off but then maybe they could sue my arse off.
Copyright Infringement
Re: Copyright Infringement
Hi Applejack,
Sorry to hear about this, I can understand just how frustrating this is, especially when you have taken correct steps to protect your IP and inform your client as to their rights.
This can be a tricky area, which is expensive and time consuming to resolve.
I'd like to say, before you take on board any advice, from myself or anyone else, get professional advice. Only an IP lawyer, specialising in media, will really know whether it's possible, and worth pursuing.
Also, I am not a lawyer.
Keep a cool head, don't get personal or emotional, it's business as usual.
There are a few occasions in my younger, less restrained days, when I waded and did more damage than was necessary, despite being in the right.
Personally, I'd never take a clients site offline until after a legal decision is reached, even due to non payment. If things do go to court, it looks good that you have always upheld your side of an agreement and acted professionally. A court will always like to see you have taken all reasonable steps to resolve the situation before involving them.
Before taking further action, I'd consider:
I in no way wish to to devalue your work, or suggest that it's not important to assert your rights when they are breached.
However, there may be a difference between an entity pursuing a large brand like Godzilla or Pepsi, a studio protecting it's latest tent pole movie or #1 pop song and a website design.
Rights holders with works of that scale have very large, repeat and future value in that work, and they must pursue infringement, or they risk losing copyright. There may be less potential value in a one off, bespoke design for a website. Only you can really decide that, I feel.
Once something is on the internet, it's essentially there for anyone to take and use.
Have you considered a third party ombudsman, whose neutrality may allow for a deal to be made? You may not get the full amount but a smaller fee or retainer may satisfy you and can even rescue the relationship.
An ombudsman could be a colleague with a level head, a steady voice and experience negotiating. It could even be a close family member.
You could also consider asking for your copyright to be added to the page (designed by ...) which will promote your work and at least help assert your rights.
If you do decide to take it further, there's more information here:
UK Gov IP Office / IP Enforcement
Choosing an IP Lawyer in London
Overall, it happens, try not to let it get to you too much.
All the best to you Applejack, if you have time, let me know how it goes.
Kind Regards,
Mikey
Sorry to hear about this, I can understand just how frustrating this is, especially when you have taken correct steps to protect your IP and inform your client as to their rights.
This can be a tricky area, which is expensive and time consuming to resolve.
I'd like to say, before you take on board any advice, from myself or anyone else, get professional advice. Only an IP lawyer, specialising in media, will really know whether it's possible, and worth pursuing.
Also, I am not a lawyer.
Keep a cool head, don't get personal or emotional, it's business as usual.
There are a few occasions in my younger, less restrained days, when I waded and did more damage than was necessary, despite being in the right.
Personally, I'd never take a clients site offline until after a legal decision is reached, even due to non payment. If things do go to court, it looks good that you have always upheld your side of an agreement and acted professionally. A court will always like to see you have taken all reasonable steps to resolve the situation before involving them.
Before taking further action, I'd consider:
- ~ The value of the work, financial, moral and creative
- ~ The time taken to produce said work
- ~ Is there a likelyhood of further work
- ~ Would taking further action damage other relationships (as well as this one)
- ~ Would taking further action damage your image in general
I in no way wish to to devalue your work, or suggest that it's not important to assert your rights when they are breached.
However, there may be a difference between an entity pursuing a large brand like Godzilla or Pepsi, a studio protecting it's latest tent pole movie or #1 pop song and a website design.
Rights holders with works of that scale have very large, repeat and future value in that work, and they must pursue infringement, or they risk losing copyright. There may be less potential value in a one off, bespoke design for a website. Only you can really decide that, I feel.
Once something is on the internet, it's essentially there for anyone to take and use.
Have you considered a third party ombudsman, whose neutrality may allow for a deal to be made? You may not get the full amount but a smaller fee or retainer may satisfy you and can even rescue the relationship.
An ombudsman could be a colleague with a level head, a steady voice and experience negotiating. It could even be a close family member.
You could also consider asking for your copyright to be added to the page (designed by ...) which will promote your work and at least help assert your rights.
If you do decide to take it further, there's more information here:
UK Gov IP Office / IP Enforcement
Choosing an IP Lawyer in London
Overall, it happens, try not to let it get to you too much.
All the best to you Applejack, if you have time, let me know how it goes.
Kind Regards,
Mikey
Re: Copyright Infringement
HI myshko
Thank you very much for your considered post and the links. Yes at the moment I am wrestling between my anger and a instinctive reaction and what is the intelligent approach. God I am sooooo tempted even though I know it would not be the "right" thing to do.
Thank you very much for your considered post and the links. Yes at the moment I am wrestling between my anger and a instinctive reaction and what is the intelligent approach. God I am sooooo tempted even though I know it would not be the "right" thing to do.
Re: Copyright Infringement
Yeah,
I really, really feel for ya.
A careful and tactful 'is this copied or is it just me?' post on:
youthoughtwewouldntnotice.com/
Might be fun, and avoid any defamation hassles.
Anyway, the work must have been good for them to use it again! Take comfort in that and look forward to the next client.
/m
I really, really feel for ya.
A careful and tactful 'is this copied or is it just me?' post on:
youthoughtwewouldntnotice.com/
Might be fun, and avoid any defamation hassles.
Anyway, the work must have been good for them to use it again! Take comfort in that and look forward to the next client.
/m
Re: Copyright Infringement
Thanks but it is a bit more serious than that. They are a multi million pound organisation but with a certain orthodoxy which implies that they should abide by the rules. Cryptic I know but I shouldn't say more at this point.
Re: Copyright Infringement
;)
Yep, you're right, enough said. The big boys should know better really.
/m
Yep, you're right, enough said. The big boys should know better really.
/m
