[thelist] Copyright Infringement - Client Posted Website Using a Comp (prior to payment)
Bob Haroche
spambait at onpointsolutions.com
Fri Nov 14 16:52:42 CST 2003
Javier Muniz wrote:
> Step 1. Hire a lawyer.
> Step 2. Follow your lawyer's advice.
I think that about covers it. At the risk of straying too far afield
though, I think Tim's better/easier claim to make against the client
is a demand for final payment per the contract. He did the work, they
took it, they need to pay for it. After that, if I understand Tim
correctly, the client would be entitled to own the work, so the
copyright issue then becomes moot.
IOW, why spend more time and money [1] chasing a copyright
infringement claim when a garden variety breach of contract (unpaid
account) claim is simpler to make and, in the end, gives Tim what he's
entitled to under the parties' original contract. A copyright claim,
by contrast, requires more elaborate proof and calculation of harm.
This of course assumes Tim has a decent contract claim (ie, there was
clear agreement re what the client was entitled to and when). In any
event, though, a demand letter should of course address both claims.
> once you involve a lawyer the other side tends to involve a lawyer
> and both lawyers work together at wasting both of your money
Not necessarily. That typically happens only when there are are high
stakes (read $) involved. For a small matter like this, it's not
uncommon for the other side to fold b/c they don't want to pay their
lawyer what they otherwise could be paying the designer to settle the
matter.
Which brings us full circle:
> Step 1. Hire a lawyer.
> Step 2. Follow your lawyer's advice.
[I know, I owe a tip].
---
[1] In the US obtaining a preliminary injunction like Javier suggests
is not an easy or inexpensive proposition and often requires the
plaintiff to post a bond as security.
-------------
Regards,
Bob Haroche
O n P o i n t S o l u t i o n s
www.OnPointSolutions.com
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