Forum Moderators: not2easy
I have designed a website that is sucessfully selling online and they have not paid me for the entire website.
In our agreement they do not own the graphics until the website is paid for in full.
The amount they owe is not worth it for me to take them to court yet I would like to have their website shut down since they are using copyright material owned by me.
What steps do I proceed with to have their website shut down? I already sent them notice and warning to remove it or pay the balance they owe.
Any help will be much appreciated.
First of all, I assume that the client is satisfied with your work--that they haven't paid because they have convinced themselves that they have paid you enough, and they don't really have the money, so they are going to let it slide.... Something like that.
Short of taking them to court--small claims court might be an option--I can offer one suggestion. If you control a website with decent rank in Google, create a "Clients with Unpaid Bills" page and post their name, address, and details of the situation on the page. Be sure that you are factually accurate in what you say.
Let them know that you have done this. Any possible client of THEIRS who "Googles" them will find them on your page. I did this with a client who was more than six months late paying, after repeated invoices and phone calls produced no result. The client paid.
Going public in this way won't work in every situation but it takes very little time or money on your part, unlike many of the legal actions you might have to take.
I would keep calling and writing them, though, first. Sometimes the squeaky wheel gets the grease.
Whether this will fly with the DMCA is another matter, but technically, they are violating your copyright. It isn't as if you just go around designing other people's sites and giving your copyright away to them for free everyday. Unless this other person has a contract that says he owns the copyright now (without payment), then he doesn't own it, pure and simple.
Why not try the BBB, how about a lien on the business? How about small claims court (your contract specified your state as the place of resolution, right?!) Presuming that your loss is not over the limit...
A small claims court fee will be less then $50 in most states. Small claims are specifically made for "breach of a written or oral contract".
If you win, you can then try to collect yourself, or sell the debt to a third party, and get part of the debt. Or they might settle prior.
Have fun.
By not meeting the terms of the contract, they are violating copyright. Since you have not yet transfered the copyright, it is within your rights to protect it.
BUT, as was suggested, I'm not sure you would be able to use DMCA takedown in this case. I just don't know.
Your best bet is to talk to an attorney about your options. Your lawyer will be more than happy to add the cost of their services to your client's bill (though you will have to pay up front).
