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October 23rd, 2012, 03:36 PM
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#1 |
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Trustee
Join Date: Jul 2005
Location: Willmar, MN
Posts: 1,400
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Demanding payment for my work used without permission
A very good friend is our district's state legislator. I designed and developed his website (not a freebie, but an actual paying job.) Yesterday I receive in the mail a political postcard from the opposition party with images and graphic elements from the website I designed. These were clearly taken from my original creative work, no mistake about it. Yes, the website carried the text "Copyright 2012 All Rights Reserved" (however, that's not required for copyright protection.)
So today I fire off a certified letter basically telling them they can retroactively license my work for $1,000 or I will persue legal action, including registering a formal complaint with the state's campaign finance board. I am prepared to take this to small claims court if necessary (I don't think I'd bother going the whole lawyer/full trial route). Do you think I have any case whatsoever? Am I just blowing off steam? (It actually did feel good to simply write the letter...) |
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October 23rd, 2012, 04:13 PM
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#2 |
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Inner Circle
Join Date: Nov 2005
Location: Elk Grove CA
Posts: 6,838
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Re: Demanding payment for my work used without permission
Your original contract should cover the matter. What does it say?
http://copyright.lib.utexas.edu/whoowns.html
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Chris J. Barcellos |
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October 23rd, 2012, 06:03 PM
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#3 |
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Trustee
Join Date: Jul 2005
Location: Willmar, MN
Posts: 1,400
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Re: Demanding payment for my work used without permission
It's not a question of who owns the copyright. I don't know why you would suggest my contract with my client would have anything to do with this.
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October 24th, 2012, 02:42 AM
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#4 |
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Trustee
Join Date: Aug 2006
Location: San Diego, CA
Posts: 1,082
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Re: Demanding payment for my work used without permission
You can't sue in small claims court for punitive damages. My non-legal opinion is that your $1k figure is punitive.
My advice is that however you pursue this, you won't make any money, and you might lose money. It wouldn't stop me from stomping my feet some, but when making threats, I would keep in mind that you are unlikely to win. |
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October 24th, 2012, 05:46 AM
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#5 | |
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Trustee
Join Date: Jul 2005
Location: Willmar, MN
Posts: 1,400
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Re: Demanding payment for my work used without permission
Quote:
Now that it's 36 hours later, I'm just happy knowing that my letter might cause a few minutes of angst at the opposition party headquarters. |
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October 29th, 2012, 12:26 PM
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#6 |
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Trustee
Join Date: Jul 2005
Location: Willmar, MN
Posts: 1,400
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Re: Demanding payment for my work used without permission
Well, they had a lawyer (with offices in Minneapolis and Washington DC) send me a letter telling me a bunch of BS - for example, since the graphics had also been used on Facebook and Linked In, I had no claim to copyright... He assured me they had "ceased distribution" of materials containing my graphics.
Anyway, I'm satisfied that I caused a few moments of angst for them, and probably cost them a few hundred dollars in lawyer's fees. I'm pleased with the outcome! ;) |
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October 31st, 2012, 10:44 AM
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#7 | |
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Inner Circle
Join Date: Mar 2005
Location: Hamilton, Ontario, Canada
Posts: 5,742
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Re: Demanding payment for my work used without permission
Quote:
__________________
Good news, Cousins! This week's chocolate ration is 15 grams! |
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October 31st, 2012, 01:34 PM
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#8 | |
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Trustee
Join Date: Jul 2005
Location: Willmar, MN
Posts: 1,400
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Re: Demanding payment for my work used without permission
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