Someone taking credit for my work [Legal Advice Needed]

h0stn0tf0und

Hi all

Hopefully someone can point me in the right direction. Sometime ago I posted regarding a problem I was having getting paid for a site. The people I had done the work for had pretty much done a runner and were going to get someone else to update etc. I explained to them that I had built the site from nothing and a lot of work had gone into the project. There was an agreement made that I would be doing any updates and this became a factor in the amount I was going to charge, I was grateful for the repeat business as I was only starting out.

I told them that I wasnt happy that they hadnt paid me and that all my work was going to be capitalised on by a third party for financial gain at my complete loss. I told them that if I wasnt paid and if they were not willing to live up to the agreement that I would like my work to be taken down and the original site put back in place and all parties would walk away, no monetary exchanges only lessons learned.

Today I am shocked to see that they have went ahead and had the site updated. A third party has now tagged my work as theirs and I have received no notification of this. He/she has just used my template to add new material. I am appalled by their actions and that of the third party, both appear to be bereft of any professional ethics.

I was told last time that copyright remains with the creator. Where do I stand? I don’t want the money anymore. I want my work back. They had plenty of chances. Are there any groups/individuals apart from a solicitor that I can contact? And if a solicitor is the only avenue open to me how strong do you think my argument is?

I am fuming at the moment and hope someone can give me good news here, I dont want to do anything in the heat of the moment.

Thanks

axer

h0stn0tf0und wrote:

Hi all

Hopefully someone can point me in the right direction. Sometime ago I posted regarding a problem I was having getting paid for a site. The people I had done the work for had pretty much done a runner and were going to get someone else to update etc. I explained to them that I had built the site from nothing and a lot of work had gone into the project. There was an agreement made that I would be doing any updates and this became a factor in the amount I was going to charge, I was grateful for the repeat business as I was only starting out.

I told them that I wasnt happy that they hadnt paid me and that all my work was going to be capitalised on by a third party for financial gain at my complete loss. I told them that if I wasnt paid and if they were not willing to live up to the agreement that I would like my work to be taken down and the original site put back in place and all parties would walk away, no monetary exchanges only lessons learned.

Today I am shocked to see that they have went ahead and had the site updated. A third party has now tagged my work as theirs and I have received no notification of this. He/she has just used my template to add new material. I am appalled by their actions and that of the third party, both appear to be bereft of any professional ethics.

I was told last time that copyright remains with the creator. Where do I stand? I don’t want the money anymore. I want my work back. They had plenty of chances. Are there any groups/individuals apart from a solicitor that I can contact? And if a solicitor is the only avenue open to me how strong do you think my argument is?

I am fuming at the moment and hope someone can give me good news here, I dont want to do anything in the heat of the moment.

Thanks

I believe you need to see a solictor asap as you will need to sue the copyright infringers. You could go along to a free legal clinic see http://www.flac.ie/
You definitely own the copyright but you may have to prove it was you that created it and that it was created by you before it was created by the new people that took it over - it shouldn't be too hard to do as I doubt the new developers would even contest it.

Figment

What did your contract say?

h0stn0tf0und

@ axer
Thanks for the advice I called this morning to arrange a visit with my local FLAC. I can easily prove that it is my work, I have for example the original photos that are used (I took them personally).

@Figment
I think someone had asked me that before, maybe it was you. There was no hard copy contract. I had a meeting with them and it was agreed verbally. However I have a large amount of emails (I saved all correspondence) that document the project and its development at almost every stage.
I have learned from this and contracts are now the first thing I do. It’s a pity I didn’t have one in this case but that’s just the way it was.

I am not going to act till I speak with someone at the FLAC. I am thinking of joining the CAI www.cai.ie. Any opinions?

Figment

Often a simple Legal letter can be enough to get action.

The Corinthian

Figment wrote:

Often a simple Legal letter can be enough to get action.

Realistically this may work and if it does not it may not be viable chasing it up further. Typically the kind of client you have is all too common in Ireland and will often simply not pay you unless they absolutely have to.

Their logic is that they no longer need you and you won’t do anything about it. A letter may, as Figment suggested, jar them into a compromise or they may instead call your bluff. TBH, in their position, with no written contracts, a debt that is probably quite small (less than €2k) as well as undeclared (was this a nixer?) and a letter from a FLAC solicitor, I’d call your bluff and bin the letter.

Go to a proper solicitor (seriously, I’d laugh at someone sending me a letter from a FLAC solicitor - actually, I have), and get them send a letter. If that works all well and good, otherwise move on.

jjmax

Pain in the arse man, sorry to hear that.
I've used Citizen's Advice before and they've been really helpful.
Was this a local job? Maybe the Chamber of Commerce in your area can help, or if you're down the country Leader or the Enterprise Board, although they probably won't be interested.
What sort of company was it?
ANy chance of posting the site's link, maybe to get feedback on your design?

h0stn0tf0und

@ The Corinthian
I was in college at the time. If I did get paid I would have declared it but I never received anything. As a student I was allowed to earn a certain amount but as it would have been greater than the amount allowed I would have declared it.

I am going to use the FLAC to see where I stand, if I have a strong case I will do as you suggest.

@ jjmax

They are not members of the local Chamber but they are members of other groups. I dont want to mention any names / sites till I get some legal advice, I'm sure you understand. If I am successful with any claim I make I will be writing to the organisations they are members of.

As I have stated earlier I am not looking for the money now, its been too stressful, I'd rather have them take down my work and stop a third party profiting from my work.

Your advice is greatly appreciated, Thanks guys.

jjmax

best of luck with it