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Proving Copyright of the Developed Site

Started by James Fisher, Aug 08, 2023, 06:25 AM

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James FisherTopic starter

Greetings, everyone!

Context:
I used to work in a web studio without a contract. While working on a project, I had direct contact with the customer. Unfortunately, the web studio deceived me by not paying for the site, while the customer had already made the payment.

To resolve the situation, the customer decided to recover their money from the web studio and directly compensate me. The website was developed entirely by me, utilizing open-source elements, which were limited at the time. The only contribution from the customer was providing the design.

Consequently, the customer took legal action against the web studio, as they refused to refund the money through amicable means.

Now, here comes the crux of the matter:
I need to prove my ownership (copyright) of the developed website to demonstrate the illegality of the agreement between the customer and the web studio. How can I achieve this?

From the very beginning, the site contains a meta tag <meta name="author" content="Light Aleks" />.
Moreover, I used to create websites under the same nickname.

There exist multiple versions of the site, while the web studio possesses only one version (almost a final release, though there were subsequent modifications). Interestingly, they obtained these files from my hosting due to an irresponsible system administrator who granted them unauthorized access (in other words, they acquired the files illegally).

Do these factors suffice as proof of copyright? And how should I proceed? Should I bring the computer where I developed everything to any specific location?

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globallike

It's advisable to consult with a legal professional who specializes in intellectual property law to get accurate and personalized advice for your situation.

In general, there are a few steps you can take to establish and protect your copyright:

1. Register your copyright: Although copyright is automatically granted to original works, registering your website and its content with the relevant copyright office can provide additional legal protection and make it easier to prove your ownership in court.

2. dоcument your work: Keep records of the website development process, including design files, code, drafts, and any communications related to the project. These dоcuments can help demonstrate your involvement and the originality of your work.

3. Use a copyright notice: Add a visible copyright notice on your website, such as "Copyright [Year] [Your Name]." Although not mandatory, it provides a clear indication of your claim to the website's content.

4. Maintain version control: If you have multiple versions of the website, it can help demonstrate the evolution of your work. Keep copies of earlier versions, including any modifications made throughout the development process.

5. Preserve evidence: If you believe the web studio obtained your files illegally, dоcument any unauthorized access or use of your work. Gather evidence, such as server logs or email communications, that can show how they gained access without your permission.

6. Gather supporting evidence: In addition to the meta tag you mentioned, gather any other evidence that supports your claim of authorship. This could include early drafts, design files, code snippets, screenshots, or other forms of dоcumentation that demonstrate your involvement in creating the website.

7. Preserve timestamps: If possible, gather evidence that can establish the timeline of your work. This can help show that you created the website before the web studio obtained their version. Timestamped backups, development logs, or email correspondence related to the project can be useful in establishing the chronology and your ownership.

8. Consult with a lawyer: Engaging the services of a lawyer who specializes in intellectual property law is highly recommended. They can provide legal advice based on the specific details of your case, guide you through the legal process, and assist in gathering the necessary evidence to support your copyright claim.

9. Secure your computer and data: It's important to protect your computer and any relevant data from potential loss, damage, or unauthorized access. Make sure your computer is secure, back up your files, and consider making copies of your work and storing them in a safe location.

10. Follow legal procedures: Your lawyer will guide you on the appropriate legal procedures to pursue in order to defend your copyright claim. This may involve sending cease and desist letters, filing a lawsuit, or pursuing alternative dispute resolution methods. Work closely with your lawyer to ensure you follow the correct legal processes for your jurisdiction.
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SmutSia

It is not clear what type of lawsuit has been filed in court and how it is related to the copyright of the website. From the question, it seems that:
1. The customer entered into a contract with a WEB studio for the creation of the website. The studio developed the site without involving you and without a contract with you. The customer received the site, approved the work, signed the dоcuments, and paid the studio. The contract is now closed. So, the customer has no ground to hold the WEB studio accountable as they have delivered all the work and the customer has accepted and paid for it. Do I understand it correctly?

2. The fact that you "worked in a web studio (without a contract)" and got cheated out of money by the studio is irrelevant to the issue of refunding money to the customer, discussing the authorship of the site, or any other conversations that lack supporting dоcuments.

3. "And how does all this happen? Do I have to go somewhere with the computer on which everything was developed?" The court does not need your computer. They require an expert opinion, and the price of the examination will likely be comparable to the claim amount. As for the outcome, it is hard to predict, but you will have to pay regardless.

4. "He decided to get his money back from the web studio and pay me directly so as not to lose the site." So, are you planning to block/erase/damage the customer's site? Do you have access to the hosting while the customer does not? Well, the customer also made a mistake. But if you proceed with such actions (and remember, you are not an anonymous hacker anymore, but an individual with a real name and address), both the customer and the studio will sue you, and they may resort to informal measures of influence. Is that what you want?

5. "I haven't lost anything except time" - take a deep breath and calm down. You will be wiser next time.

6. Talk to the customer and offer to take over the maintenance of the site for a small fee that you will receive regularly.
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eorixoml

I fail to comprehend why the customer should suffer if they terminated the agreement with you. Is it a matter of principle and harm? In such cases, you can take legal action against the studio, demanding recognition of employment and payment of wages. I may not be well-versed in copyright matters, but if you have additional resources, it shouldn't be too difficult to handle on your own.

Regarding the contract, if the website isn't accepted, would the money be refunded?

I recently went through a lawsuit myself. I worked as an activist for a brief period, decided to resign, and was not paid for my last month of work. However, I won the case effortlessly with the help of screenshots from 1C/CRM databases and other evidence. Witnesses were unnecessary, as the girl who worked alongside me didn't have a contract either. To put it simply, she was an unofficial employee. Now, the only thing left is to retrieve the money. The bailiffs managed to seize some funds from the accounts, but not all of them due to maternity leave and other issues. The company ceased operations under its name and started working on behalf of someone else. Everyone has been laid off, and the money is owed to people. However, the bailiff mentioned that if the accounts have a zero balance, there's little that can be done except reporting the situation to the prosecutor's office. Even if the boss is carrying money in his pockets, it won't make a difference.

It appears to me that it wasn't the studio that terminated the agreement with you, but rather you decided to terminate it. In my humble opinion, if the contract is still active and the website was transferred solely based on your willingness, consider making some changes so that the customer can refuse it. In that case, the money should probably be refunded since the terms of the contract were not met, and the site doesn't meet expectations. Eventually, you may need to handle everything independently, bypassing the company, as it seems that was their intention all along.
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7bidder

The hosting hack by some negligent admin reeks of illegal access, but courts dig tangible evidence. Bringing your dev machine to a forensic IT specialist for code timestamps, git logs, and version diffs could bolster your claim, turning those multiple site iterations into ironclad artifacts. Pair it with email trails of your solo builds and licensing notices on those open-source snippets, and you've got a frontend fortress.
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