http://www.liquidsmoke.net/portfolio/web/grants360.png That is the original design that I did for a client (http://www.grants360.com/) back around February 2009. And this is the site that a client of mine showed me, which is ripping my design: http://www.successgrantscomplete.com/ Now, I know it's not an exact rip, as in they didn't copy/paste the images or the code, but it's obvious that it's a ripoff as they were trying to pretty much duplicate my original design. Now I'm wondering is this legal, is there anything I can do about it? The client who showed me the site is saying it's still violating copyright and that I am the rightful owner and designer of the original design, but I'm not sure because they didn't copy/paste rip it, but tried to clone it. And keep in mind also the ripoff site is a very profitable site and I was told by the client they have a big sponsor as well. I'm just wondering if anyone can help me out and lemme know if there's anything I can do and what actions I should take, thanks.
Generally when you do a design for a client, the ownership of the design passes to them and it would be up to them to take legal action. I'm assuming you are saying that you expressly didn't give them ownership rights and that they understood that the design wasn't theirs? While it is obvious (at least to me) that they were influenced by the other design, it isn't an exact copy and that leaves the door open to a legal defense. Only the copyright holder can bring action. Did you file a copyright registration saying you are the owner? Are you willing to spend a significant amount in legal fees to take them to court - and it could be tens of thousands of dollars? The one problem you would likely face is actual damages. Since it isn't your site, you can't claim loss of business from a similar design. I personally wouldn't do anything since it isn't an exact copy. I might let your client know and let them decide if they want to pursue it - either filing a DMCA or a lawsuit. To me, the risk vs. reward wouldn't justify doing anything else. The web is full of scumbags and it's usually a matter of principal rather than taking an action that is going to net you any money.
Send an email asking them to change their design, something like "You may or may not be aware of this, its possible that you had this work hired and the person you hired is responsible, but your website is a clone of my website and I would like for you to change your design or license it for $xxxx." Maybe they paid some web designer to make their site and had no idea that the site was cloned. Maybe that designer will get fired, or not get used anymore and lose business. (and maybe you'll get paid $xxxx).
There doesn't look like you can do anything about it. The codes and images aren't the same. Thus they can say they were "inspired" by your design when they created theirs which would obviously get around the problem as they haven't used any code or images.
The original design is your intelectual property and you still have rights unless the contract with your client states otherwise. If the design is deemed to be infringement, you could be entitled to a percentage of income generated thorugh your stolen work. It's debatable whether or not copying layout and color scheme concepts is infringement though. IMO they have changed it just enough to still be sleazy designers, but not full-on theifs. I would email that site though and ask them who does their design work. Act like you are interested. Then I would out the designer on the forums.
one simple rule, if you do not want it taken, stolen, cloned, or other, then do not put it on online...if it is online, it is up for grabs...
That is like saying don't drive your car to the store because the moment you park it, it is up for grabs. You must be a content theif yourself.
If it isn't the same as what you created then there is nothing you can do. If you can remember AOL stole Yahoo's theme. You can not force someone to take down a likeness of something. If he copied your CSS or your HTML or images then yes you do have a chance other then that nope.
It would be difficult and costly for you to sue the copycat. If you're really serious, there are attorneys out there ready to take your money.
A simple thing to do, if you believe the design is a derivative of your work, is file a DMCA takedown notice with their host. If you're lucky they'll get spooked and leave it down instead of filing a counter claim and arguing that they've made enough changes to the design yada yada so on and so forth which would mean you'ld have to go to court. It's fairly obvious that one design is a derivative of the other though.
yeah...but did you copyright it properly under any name ? or you just put the R sign there to scare people off because if you havent i think theres not much you can do now