Ok so I had a client and was building a website for him. We basically had the design approved after going back and forth on it for 4 days. However, he started asking for more functionality in his website and was a big pain in the ass. Dispute the fact that he wanted more done he would not pay more so i decided to re-fund his money and give up the job. I then refereed him to another company to get his site done with. Now it is a week later and I went to see if his site was done - and it is. However he is using the exact design I sent him on proof. In fact it actually looks like he used the JPG's I sent him! What do I do? Can I take legal action? What is my next step here? Thank you
Did you have a contract in writing prior to strting the job stating these types of situations? Your local Fair Trading may help but you might be at the disadvantage if no contract s signed or agreement based upon. Though the email dialogue may help. I've been in this situation before and it gets messy. Usually common sense prevails but I say common sense lightly!
Thank you for your input, No, we had no contracts signed but everything is well documented in emails. I emailed him asking nicely to be paid for my work and if he did not want to pay to please take the site down. His response was very defensive, firstly he accused me of threatening him (I did not once even kinda threaten him). Secondly he said that because he told me what he wanted the design to look like that it means it is his design not mine... Personally I believe this is a joke as all he sent to me is a drawing of 4 boxes side by side and that was what he wanted the tabs to look like... So what is my next step here... Should I contact a lawyer? What do you think?
please update this thread. I really want to know the ending of this situation. This is good for everyone here who work with copyright items/products..
I know this old but...I have been through this before Email his host ask them to it down...99% host company will take it down, because they don't want any legal action.
Having a well worded contract would definitely help your case . If your contract includes language that mentions that he is not allowed to use your work unless it is paid for in full, then he has no right to use your design. Having a string of emails that confirms the terms of engagement (ei, I will pay you this for that task), the scope of work, and the history of work will help your case as well. Your design is a product that you offered to your client, if he did not pay you for it, he is not supposed to use it. Prior to refunding your client the funds, did you specify in an email that if you issue him a refund then he would not be able to use your design?