[thelist] Copyright Infringement - Client Posted Website Using a Comp (prior to payment)

[Bob Haroche]

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].

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[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.

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Regards,
Bob Haroche
O n P o i n t  S o l u t i o n s
www.OnPointSolutions.com