wilky9 Posted November 30, 2006 Share Posted November 30, 2006 I designed a website for a real estate agent in Kansas City a few years ago. She was then working with a specific homebuilder, so our two websites did some reciprocal linking to each other and everything was cool. This morning I received an email from the real estate agent's assistant telling me that they were no longer working with that builder, and that he had registered a website named very similar to the one they (real estate agent) had registered. To make matters worse, the builder has copied the entire structure and design of my website to his own! I mean, it is an exact copy with a few email links changed. I'm flattered that someone liked it enough to steal the design, but come on! edit: I had forgotten that the builders office was the one who registered the original website, as found in a WHOIS search. They were not the ones who paid for the site design or maintenance, though. How does this affect the situation? Any advice before I go nuts and tear into this guy? Original: http://www.villasatsunnypointe.com/ Stolen Copy: http://sunnypointevillas.com Link to comment Share on other sites More sharing options...
AJLynn Posted November 30, 2006 Share Posted November 30, 2006 If the person you were working for owns the rights to the Villas At Sunny Pointe name and associate IP and marketing, she's got an easy case here, but that's for the lawyers to decide. If there's a lawsuit you can testify for her. What you can do about the web site depends on what terms were in the contract. I'd say you've got grounds to send a cease and desist letter, which would help you later if you have to sue for compensation for using your design. Also, do a recursive websuck of both sites so you can demostrate that he's copied not only your design, but your code as well. The real estate agent is dealing with a lot more money than you are, and is more likely to have lawyers, so let her take the lead - if she sues him the site comes down, and you can choose whether and how to seek punitive compensation. If they reach a negotiated agreement, or she lets it go, the site may stay up, in which case you can decide whether and how to seek compensation as a design fee. Link to comment Share on other sites More sharing options...
Ernest Burden III Posted November 30, 2006 Share Posted November 30, 2006 Punitive damages under US copyright law usually require that you had registered the work with the copyright office. You still have rights (unless you sold the copyright) but may not be able to recover anything beyond actual damages--and what would that be, exactly? First question--what were the terms of use and who was covered by the rights you sold? Link to comment Share on other sites More sharing options...
wilky9 Posted November 30, 2006 Author Share Posted November 30, 2006 Punitive damages under US copyright law usually require that you had registered the work with the copyright office. You still have rights (unless you sold the copyright) but may not be able to recover anything beyond actual damages--and what would that be, exactly? First question--what were the terms of use and who was covered by the rights you sold? Honestly, I don't know how to answer you. I'm not looking to recover damages or anything. I just don't want them to feel that they can get away with copying my work, especially if the person I created it for doesn't want it to be used by them. Now, if they can work it out amongst themselves, fine with me. Link to comment Share on other sites More sharing options...
AJLynn Posted November 30, 2006 Share Posted November 30, 2006 In that case I think you should still C&D them, and let the other parties and their lawyers figure out the real money issues. Link to comment Share on other sites More sharing options...
Ernest Burden III Posted November 30, 2006 Share Posted November 30, 2006 I just don't want them to feel that they can get away with copying my work, especially if the person I created it for doesn't want it to be used by them. The operative issue is usage rights. What rights did you grant and to whom? You probably have a pretty clear case of infringement and should send that 'stop it now, you jerks' letter. Unless you sold the full rights in which case you're a spectator and don't have a dog in that fight. Link to comment Share on other sites More sharing options...
BrianKitts Posted November 30, 2006 Share Posted November 30, 2006 there was a topic I heard on a diggnation podcast, that digg was gonna lose the rights to the name on their site if they didn't do anything about the people that were using similar names. They went into the copywrite laws and found out that if you don't call them out on it, you can actually lose your own content....as bogus as this sounds, it just kinda sounds as a reinforcer to put your foot down. Link to comment Share on other sites More sharing options...
wilky9 Posted November 30, 2006 Author Share Posted November 30, 2006 legal issues asside at least they don't know how to make the entire sight browerser friendly for firefox......... click on the photo gallery section on the stolen sight although it does work in IE yeah well, it never worked well on the original either! I handed it off to the assistant for maintenance a while ago, and had to cobble that gallery section together later on, and quickly. not my finest moment. Link to comment Share on other sites More sharing options...
BrianKitts Posted November 30, 2006 Share Posted November 30, 2006 yeah well, it never worked well on the original either! I handed it off to the assistant for maintenance a while ago, and had to cobble that gallery section together later on, and quickly. not my finest moment. ahhhh... you caught me.... I rewrote the post after I realized the both did that, sorry I wasn't trying to cut you down. But don't worry you're leaps and bounds over me in the web world.... I don't know web well so I couldn't even try! have you tried contacting the other company. You know you could try to play it the easy route and write them a nice professional letter stating that you are willing to reach an agreement for a certain amount of $$$ to allow them to use your design to avoiding any legal complications. Wording of course to be cleaver and direct but you come off as the nice guy trying to help them out. or the other route would be to politely inform the original company about what's happened and see if putting a bug in their ear causes them to take the necessary actions. Link to comment Share on other sites More sharing options...
AJLynn Posted November 30, 2006 Share Posted November 30, 2006 Depending on the original agreement he might not have the right to license the site design to another party... Link to comment Share on other sites More sharing options...
wilky9 Posted November 30, 2006 Author Share Posted November 30, 2006 ok, I wrote to the person listed as the registrant. I told him I was surprised to see my work on his website, and asked that it be removed within 24 hours. I then told him I could recommend some good web designers in his area (I don't live there anymore, and I don't enjoy web-work anyway). Does this sound reasonable, or did I wuss out? I'm not very confrontational! Link to comment Share on other sites More sharing options...
imgumbydammit Posted November 30, 2006 Share Posted November 30, 2006 Sounds like a good diplomatic first step to me...just make sure you follow up. IGD Link to comment Share on other sites More sharing options...
Sawyer Posted November 30, 2006 Share Posted November 30, 2006 I'm not very confrontational! I think its best to assume its a mistake and no reason to become confrontational. Assume they didn't think about it and then yeah follow up. The problems is if they don't want to take it down at some point you will have to threaten them with some action and that may involve a lawyer which will probaly be expensive. Link to comment Share on other sites More sharing options...
Ernest Burden III Posted November 30, 2006 Share Posted November 30, 2006 I think its best to assume its a mistake I don't see how one could reasonable think its an honest mistake. Its not the same as a developer posting your rendering even though you only sold rights to the architect. A developer doesn't know the web and how to copy an entire website. They would go to someone who does and pay them to do it. That someone may have said 'you can't do that unless its your property' to which the developer says 'shut up and make it happen if you want to get paid'. Its too complicated a task for someone to do without the help of a person who should know better. You only want the abuse to stop, but it may take a threat to realize that result. Link to comment Share on other sites More sharing options...
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now