Theft of design - what , if anything , to do??

anbrutog

Hi all,

Just before Christmas I was in talks with a client to develop a site. In the end I didnt build the site for them , but recently out of curiosity I had a quick look to see how their site had turned out in the end. Imagine my shock to see the original photoshop mockup I had sent them staring back at me! So my question is , what can i do about this??

AB.

cormee

anbrutog wrote: »

Hi all,

Just before Christmas I was in talks with a client to develop a site. In the end I didnt build the site for them , but recently out of curiosity I had a quick look to see how their site had turned out in the end. Imagine my shock to see the original photoshop mockup I had sent them staring back at me! So my question is , what can i do about this??

AB.

You could start by naming and shaming them. What's the url?

tricky D

Invoice them for Design Services for what you reckon you're owed. Give them 30 days to pay. If they don't pay by then send a letter saying you'll start legal action or get a debt collector. After that, send a solictors letter threatening legal action and add the cost of the letter to the fee. Or pass the debt to a debt collection agency.

anbrutog

tricky D wrote: »

Invoice them for Design Services for what you reckon you're owed. Give them 30 days to pay. If they don't pay by then send a letter saying you'll start legal action or get a debt collector. After that, send a solictors letter threatening legal action and add the cost of the letter to the fee. Or pass the debt to a debt collection agency.

Tricky D , thanks a mill , will get the ball rolling tomorrow on that.

cormee

tricky D wrote: »

Invoice them for Design Services for what you reckon you're owed. Give them 30 days to pay. If they don't pay by then send a letter saying you'll start legal action or get a debt collector. After that, send a solictors letter threatening legal action and add the cost of the letter to the fee. Or pass the debt to a debt collection agency.

Yes, very good advice.

tricky D

I was a bit distracted by relations earlier and left out some bits.

Send invoice for Design Services using your premium rate. 30/28 days to pay. At first I'd write something like, 'I'm delighted that you decided to use the design I provided for you on <date>. Please find invoice attached for payment for the Design Services.' Don't bang on about the design being used without permission, that's later. If they don't pay send a 7 day invoice with final warning that if not paid by that date, you will resort to legal steps to secure payment. Then get solictors letter. That'll cost a small bit but cover that with the 'premium rate'. Be firm but polite in all your dealings.

ToniTuddle

Definitely want to know how this one turns out.

Good luck OP!

cormee

...and start documenting and keeping copies of everything you do from here on in.

anbrutog

cormee wrote: »

...and start documenting and keeping copies of everything you do from here on in.

Thanks everyone for the advice. As advised , I've invoiced the company for my design , lets see how they respond.

cassid

that's so cheeky doing that, hope you get paid.

Pixelcraft

Slightly OT, but just shows yet another disadvantage of speculative pitching, best of luck op.

tommycahir

Hi Op

Curious as to how this has turned out.. Did the Client agree to pay up for design services?

pablo21

Yeah, I'be be curious to see how this goes for you. Good Luck and keep us updated

anbrutog

tommycahir wrote: »

Hi Op

Curious as to how this has turned out.. Did the Client agree to pay up for design services?

To be honest , the whole thing is still dragging out, which has been partly my fault due to other stuff I've going on , but I've reached some sort of resolution in that they've finally agreed(in principle) to pay me something , not what I've invoiced the company though. Their reasoning for this is that I've not actually built the site for them , merely ( in their own words ..) designed the 'blueprint', so why should they pay what the original quote was which would have included design , hosting etc..
The matter has been further complicated by the fact that all their other creditors seem to be circling like vultures , and I would seem to be very much way down the pecking order.
So at this point in time the matter is still with my solicitors.
All in all I'm thinking though it might be better just to take whatever they're offering and run , rather than dragging the whole thing out any longer.

pablo21

If the vultures are circling and these guys are going to give you some money then my advice is to take it. I've lost thousands in the melt down over the last couple of years because I didnt go with my gut instincts. If other creditors are worried then you should be too. Take the money and run!