Can i sell this?

A while ago i was hired to make and code a template for someone and i was uploading to his domain as i coded it so he could see how it was coming along, just before i was about to move on to the back-end coding i found i couldn't log onto the FTP so i emailed him 100's of times and he hasnt been on MSN or AIM and i even found his phone number and rang him a few but it went straight to the answering machine. It has been over a year now and I have not recieved any payment and the design is sitting on my computer doing nothing so i was going to sell it the only problem being the design is still on the internet where i was uploading it completely unchanged. I would hate to think that anything has happened to the person i was dealing with but the fact he hasnt edited it at all leaves me with a bad feeling.

What can i do in my situation? sell the design?

I would sell the design but tell the buyer about it.

So.. send him an email explaining im selling it? and if he dosent reply then i can sell it?

Originally Posted by Bluetooth So.. send him an email explaining im selling it? and if he dosent reply then i can sell it?

Well, you designed it right? So you own the design fully. He didn't pay for it so its yours. Email him and tell him. Also when selling, make sure that the person who buys it knows about this situation.

I'm guessing you didn't use a contract?

I would go ahead and sell it, i think over a year is long enough to wait for payment

The only problem is with the design still being on his site. I would leave him one last email and phone message telling him that since payment has not been received, you will be selling the design and contacting his host about displaying copyrighted work.

Then contact his webhost, explain the situation to them and request that the design be removed to avoid you taking further legal action (you don't have to mention you don't really plan on taking further legal action )

If you really want to go all the way, you could also report his WHOIS information as being false as he has not responded to emails or phone calls), and if the domain gets taken away the design will also disappear off his site

It's been over a year, i wouldn't even contact the client, i'd go ahead and sell it.

Ok i will try and get in touch with his webhost.

Everything has to be reasonable, I really don't think that a year waiting for payment is reasonable, unless you have a contract that says otherwise.