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Home » Business And Finance Articles » Copyright Internet Highway Robbery

Copyright: Internet Highway Robbery

Karri Hill learned the hard way not to trust a competitive web developer when it comes to copyright. She designed a proposal for a potential client and a few months later, saw her design online. Trouble was, she didn't receive any payment for it.

"I designed and programmed a front page into html and sent it to my potential client as a link. It was understood that they would get other proposals. I normally post the design online for my clients to view. I contacted them a few times and about 45 days later I contacted them again but they were still indecisive so I backed off, thinking that I might have been too expensive.

Just out of curiosity (and I do this on a regular basis) I checked their domain to make sure they hadn't taken my design and shopped it around for a better price. Lo and behold, they had a new website with my graphic elements and photographs -- they had stolen them from me!

Not only did they steal from me, but there were two photos on their website that I had sold to another client, who happened to be a direct competitor of theirs, both in the real estate market.

I personally took these photos -- they obviously were not stock images. As well, along the bottom of their website were a series of images of trade affiliations such as realtor logos. They have the right to the images if they are affiliated with those organizations but in the design sample that I sent to them, those images -- which comprised eight logos -- were in the same order and position. They were taken directly from my design sample. Not only were they the exact size and order, each logo still had the numbers attached that I had originally designated.

I soon discovered which website company did this and I actually know these people. I made sure all the evidence was in place, including all my pages and source code and web logs. I can prove, without a doubt, that this other website company went to my design sample page and used it because only this potential client, now their client, had access. Turns out that someone in the realty company gave the web designers the link to my design and the real estate company apparently went onto my website, looked at my portfolio and liked my photos. When the other web company signed a contract, the client forwarded my photos to them.

The other web development company is far cheaper than me and no doubt this is the reason they got the commission. This is how they can be so cheap: they farm out all of their programming to India. There, a programmer is hired for one month at $1,500. The downside is that the client gets a lesser product and the client has to supply all graphics, images, photos etc.

I spend a lot of time on copyrighting -- there's a big difference between writing in text and putting in type. I spend a lot of time editing and choosing words; it is a lengthy process to do it well. Then someone comes along and takes away all my hard work.

All the design samples I sent to this real estate company state that copyright belongs to my company and it stays that way until, or unless, it is paid for. Then I change copyright to the client. There should have been no confusion.

I phoned the real estate company first, the people who gave away my design, and spoke with the owner. "Oh s**t," he said; he knew he was in copyright violation. I then contacted the web design company and asked them to take my photos down. He said he would contact his client for direction. The next day the images were still there. I wouldn't take no for an answer and said I would go after them legally and that would mean taking their entire site down.

I'm sure my design template is now sitting on someone's computer in India. These companies are known to modify templates and for all I know, they can just change my html and a few colors and may have used it a few dozen times by now. Now I can't use my design because I can't tell future clients that it is original.

Unless I get an attorney to take my case on a contingency basis there's not much I can do. I am a sole proprietor and don't have deep pockets so the best I can hope for that the offending material is removed and somebody pays me for the time I spent on this design that by now has been shopped all over the world.

A few weeks ago I sent the real estate guy, the person who gave my design away, a bill for my time working on the design -- not including the time I spent in his office. I'm hoping he has some integrity. I am a single Mom putting two kids through college. I don't expect to get every job I quote on but I don't expect to be stolen from. One of the things I told this guy was that you get what you pay for. I don't profess to know copyright law, but I do know that this has infringed upon my rights. A cheap website is going to cost them a lot more than I was going to charge, especially when they are confronted with a class action lawsuit."

If you or someone you know has had a trademark, copyright or patent has been infringed on, you may be entitled to compensation. Please contact www.lawyersandsettlements for more information.

And here is another random article you might be interested in...

Scared To Pull The Trigger?

I think that many startup web hosts face a certain problem. Pulling the trigger to turn the business live and get real customers. You are preparing your website to look great and to be fully functional but are you ready to pull the trigger mentally? Starting a new business and getting ready for launch is relatively easy. You are not inter-acting with clients. You deal with peers or service providers for your business only. How will it be when you go live? How will customers react to your website, your level of support and your products? Are they critical? Are they fair? Will they be impressed or bothered? What if they don't like you? How about your competition? You heard horror stories of competitors signing up with other web hosts to find out about their service and find weaknesses or 'steal' ideas.

Or these new-to-be web hosts are trying to do everything 110% and never move along with their project. You hear about progress they make but if you put every step of them onto a map you can see that they are running around in circles. The website gets re-designed and they switch reseller accounts the 3rd time. You think that the situation should improve until they make the next surprise move - one step up and two steps back. I think it is another sign of someone scared to pull the trigger.

Many doubts might be going on in your head when the moment of truth is coming closer. How are you going to handle this at all? What about when you are sleeping and your first order comes in. Will the customer wait the 6 hours until you wake up to setup his account? What if this is one of these fraudulent orders that you hear about? What if you are being charged-back by the credit card company? And so on .... Can you stand the pressure? CAN YOU STAND THE PRESSURE?

Prepare yourself mentally for the big moment. If you don't you will face sleepless nights or nightmares when sleeping or both. Get your spirit ready. Be available. Fact is - probably nothing will happen within the first few days anyway. Nobody knows that your business exists. Your advertising is just out there for a day or two. Maybe a few friends and family surfing your site + the occasional other web host.

I've been in that situation. I know how it feels. At the 3rd day I eagerly sign-up myself just to test the functionality of the sign-up page. I went through the whole cycle and made things work. If nothing happens the doubtful thoughts will sneak into your mind. This is where you have to be prepared. You know you tested your website 25 times and it worked every time. Why should it stop working now? You know it takes only 3 or 4 clicks on your site to see the products and features and to get to the sign-up form. Why should that suddenly change? Program yourself. You know you can do it. You know that everything works. Program yourself to remember this. You will need your strength for other things - there is no room for doubts if you want to be successful. If you are scared to pull the trigger find out why. Knowing what stops you is the first step into the right direction.

I am in business almost 3 years now. I moved away from trying to be a full-time web host for personal reasons. Some people see this as a sign of weakness. But starting a business means trying. You don't know how it is until you try. You don't know if you really like it down the road. Trying is not a sign of weakness. The only thing to regret is if you never try. I re-defined my business model and feel much better now. I learned from experience. It is much easier now for me to pull the trigger when getting a new project ready for take-off. Pull the trigger - but program yourself for the moment.