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Can I do this?

Thread title: Can I do this?
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01-09-2006, 09:57 AM
#1
sebsn is offline sebsn
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  Old  Can I do this?

I made a website a while ago ( 3 month ). I made the design and my mate the code. Now they have a new coder and he just took my banner and included it in his design.. i hate it it's just really really bad... and i don't want my banner in it. i didn't get paid because they replaced our design. what to do? im still in the impressum as the "banner designer" :/

01-09-2006, 12:29 PM
#2
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  Old

Ask them to pay you for the banner and if they say no, tell them to take it down.

01-09-2006, 01:26 PM
#3
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  Old

I am a little confused...

The site your banner is on now, is it yours or owned by someone else?

If they are using your images without your permission you can always send them a letter of cease and desist then if they don't you can contact their host and have their site shutdown.

Examples:
Originally Posted by: EHB Nick (TF member)

DATE COMPLAINT SENT

COMPANY NAME
COMPLAINTANT'S NAME
ADDRESS
CITY, STATE, ZIP
PHONE
EMAIL

RECIPIENT INFORMATION

Sent via Email
DMCA Notice of Copyright Infringement
re: [http://www.domain.com (IP 000.000.000.000)]

I, YOUR NAME HERE, certify under penalty of perjury that I am an agent authorized to act on behalf of the owner of certain intellectual property rights. I have a good faith belief that the items or materials listed below are not authorized by law for use by the above named domain name owner or their agents and therefore infringes the copyright owner's rights.

In accordance with Title 17, Chapter 5, § 512, C, (3) "Elements of notification" of the "Copyright Law of the United States of America and Related Laws Contained in Title 17 of the United States Code" available at http://www.copyright.gov/title17/92chap5.html, I hereby demand that you act expeditiously to remove the material or items claimed to be infringing.

Please promptly notify me via reply e-mail when you have met the conditions of this notification, or if you have any additional questions. You may find my contact information in the header of this message. Please preserve the original subject line in all reply communications regarding this issue. Thank you in advance for your prompt attention to this matter.

Alleged infringing items or materials:[LIST ITEMS THAT ARE INFRINGING]

Infringing material that I demand be disabled or removed in consideration of the above:[LIST URLS OF OFFENDING MATERIAL]

Location of ORIGINAL WORKS:[LIST URLS OF ORIGINAL WORKS]

My electronic signature follows:
/s/ YOUR NAME HERE
Also by EHB Nick:

====== Please reply above this line ======

Enhanced Blue Web Hosting
Legal Response Team
IMMEDIATE ACTION REQUIRED

To Whom It May Concern:

It has come to our attention that your website is using certain content from our website located at http://www.enhancedblue.com that has not been authorized by us for your use. This unauthorized use of our content is a direct infringement of our rights under the Digital Millenium Copyright Act.

You are hereby ORDERED to cease and decist all use of unauthorized content from our website. You are to permanently remove and delete all copies of our copyrighted works from your website, computer, or any other place where you may be storing or using it.

Failure to comply with our demands within 24 hours will result in action being taken with your service provider in accordance with Title 17, Chapter 5, § 512, C, (3) "Elements of notification" of the "Copyright Law of the United States of America and Related Laws Contained in Title 17 of the United States Code" available at http://www.copyright.gov/title17/92chap5.html.

Infringing files we demand be removed and destroyed:
I am pretty sure robson or julian also drafted one although I could only find
http://www.talkfreelance.com/thread6400.html
Which I am pretty sure is not the one I am thinking of.

I hope I helped

01-09-2006, 03:43 PM
#4
sebsn is offline sebsn
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  Old

they had the permission to use it but it was a complete design. which i did for them. they had problems with my friend/thecoder so they decided to get another one. this new coder wasn't able to code it so he just took the banner.

01-09-2006, 05:05 PM
#5
derek lapp is offline derek lapp
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  Old

unless you sold them the rights, which i doubt you did, you actually ahve control over the use of your work.

that'sw hat all rights reserved is refering to (in general, i'm not jumping into the details and red tape right now)

01-10-2006, 07:03 AM
#6
Julian is offline Julian
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  Old

Originally Posted by sebsn
I made a website a while ago ( 3 month ). I made the design and my mate the code. Now they have a new coder and he just took my banner and included it in his design.. i hate it it's just really really bad... and i don't want my banner in it. i didn't get paid because they replaced our design. what to do? im still in the impressum as the "banner designer" :/
sebsn, you have the copyright to the original banner if you made it. If you did not give/sell them the banner or give/sell them a license to it then they have stolen it.

Send them a cease and desist order from the most appropriate one Scott posted above. If they continue to ignore you then you may have to send them a nice letter detailing the copyrighted material theft and that the authorities are to be contacted within xx days in regards to the theft.

01-10-2006, 06:52 PM
#7
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  Old

I disagree a bit here. You shouldn't send a cease and desist letter until after you thoroughly review your contract (you did remember to use one, right?). Depending upon who wrote it, they may very well have the right to it. It depends on what license was granted to them, and if the contract states they don't have to pay if they weren't happy with the results of your coder, then there may not be anything you can do. If the contract states that they still would need to pay for a portion if they only accepted a portion, then ask to be paid for the banner. Of course, you can always ask nicely first.

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