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

[Javier Muniz]

Step 1.  Hire a lawyer.
Step 2.  Follow your lawyer's advice.

Obviously the best thing you can do is work it out with them, since once you
involve a lawyer the other side tends to involve a lawyer and both lawyers
work together at wasting both of your money for as long as possible.  The
first step is to serve them a cease & desist letter to inform them that they
are in violation of copyright law and must remove the copyrighted works from
their website, then if they refuse you can usually sue them.  At least,
that's how it works in the American system, not sure about Canada.

I've found the least expensive way to work with a lawyer is to do the actual
work then have the lawyer edit it.  In other words, find a good c&d letter
on the internet, edit it as necessary, then hire a lawyer to make sure that
it conforms with the laws of your country/province.  After that, send the
letter.  Usually once a C&D is served, especially if it holds merit, the
violator will remove the offending material.  If they do not it's fairly
easy to a court order to have them remove the material until the case is
decided by a court.  

Not sure how the small claims system works in the Canada, but in the U.S. if
the amount owed is less than $2,000 you can file in small claims court,
represent yourself, and pay just $80 to have your case heard.

-Javier

Disclaimer: I am not a lawyer, and this should not be taken as legal advice.
I am simply relaying my views and past experiences.  If you are involved in
any sort of litigation at all, hire a lawyer or pay the consequences.

> -----Original Message-----
> From: Tim [mailto:tim at pinkcandyproductions.com] 
> Sent: Thursday, November 13, 2003 9:10 AM
> To: thelist at lists.evolt.org
> Subject: [thelist] Copyright Infringement - Client Posted 
> Website Using a Comp (prior to payment)
> 
> 
> Hi all,
> Can anyone provide advice regarding recourse in a copyright 
> infringement case (in Canada).
> 
> A client of mine used my comp of their proposed website to 
> create and upload their new home page. I had my company's 
> copyright notice as the page footer and they changed it to 
> the name of their company.
> 
> I made it very clear that they would receive the project 
> files once I had received the final payment. I have not yet 
> received payment. I have asked them to remove the page until 
> I have been paid and they have refused.
> 
> What are my options?
> Any help would be appreciated.
> Tim
> -- 
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