Recently, we were taken aback when we stumbled upon a website we had created online with two notable differences: it was hosted on a different domain and the copyright information led to a web studio other than our own.

I decided to share our situation and seek advice from the Habra People community for two reasons:

    Perhaps someone has encountered similar situations before and knows how to address them.
    To warn others who may encounter similar situations in the future.

How did it happen? A few years ago, our studio designed a website for the renowned Pyatigorsk Racetrack. It was a visually stunning promotional site with a unique feature - instead of the standard copyright information "Created by WhiteStudio," it displayed various original phrases, such as:

    We work hard like horses. WhiteStudio
    Horses were bred at WhiteStudio
    During the development of this site, no horses were harmed. WhiteStudio
    etc.

To our surprise, we discovered that the website we had created was now hosted on a different domain and featured someone else's copyright information. A company called Deltalab had copied the Pyatigorsk Hippodrome website to fasthorse.com and replaced the copyright with their own. They didn't even bother to modify the phrases in the copyright signature – they simply changed the link from our site (www.wstudio.com) to theirs (www.deltalab.com). However, it appears that they haven't mastered the function of dynamically updating the copyright information as the same inscription remains static.

Honestly, we have never encountered such a situation before. There have been instances where our site designs were stolen, but replacing the link and claiming authorship of the entire site is something completely new.

After considerable effort, I managed to reach one of the phone numbers associated with this company (usually either nobody picks up or "the subscriber is unavailable") and inquired about their response to such events. Since the company's head is "rarely in the office," I had to speak with Ksenia, my contact person, who took a break to consult with her boss. She genuinely seemed surprised that their company was involved in such an act. An hour later, I received a call from her, and the conversation took a completely different turn.

It turns out that since our contract with the client has been closed through an agreement, we can no longer claim authorship of the website we created. Questions like "do you think Shishkin's artworks ceased to be his after being sold to the buyer?" and other rhetorical arguments were met with Ksenia's unyielding stance of "this is your problem, we have nothing to do with it." Well, considering her limited perception of the situation, she appeared to be the secretary (although I'm not entirely sure).

I decided not to give up and continue seeking a peaceful resolution. I found out who the founder of the company is and sent him a message on Facebook. Three days have passed, but there has been no response. Honestly, I would prefer not to resort to unfriendly tactics – it's a minor issue. I would rather have a conversation with the company's head and understand why they engage in such behavior.

I would greatly appreciate any ideas or suggestions on how to handle these individuals. Has anyone else experienced a similar situation before? If so, how was it resolved?

To address this issue, it would be advisable to reach out to a legal firm and have them send a formal letter explaining the concept of copyright and requesting an explanation from the offending company. This letter should be sent on paper for added weight.

They are legally obligated to respond to such a request, although there may not be any specific consequences for ignoring it.

If they continue to disregard the request, it becomes a clear violation of the law and you can confidently pursue legal action to seek compensation five times the value of the stolen project. You can trust that the judge will support your case.

The right of authorship is inherently non-transferable. Therefore, regardless of the website owners, legal documents or agreements, or any circumstances surrounding changes to the site, these factors have no bearing on the right of authorship.

It is crucial to note that the design was created and signed off on, while the engine was implemented separately. According to the author's understanding, changes were made solely to the engine, resulting in a change to the signature. Since the design itself remained unchanged, it is reasonable to argue that the signature should not be altered.

The logical solution would be to rectify the signature, such as indicating that the (new) website was created by new individuals, while the website design (old) was the work of the original team. If this natural resolution fails to take effect, it may be necessary to consider legal action.

With a high likelihood (recognizing that miracles can occur within our legal system and we hold onto that hope), the outcome could involve a ban on referencing the new site in the portfolio of the new office and a correction of the copyrights. However, it is important to acknowledge that the site owner has the right to remove the creators' copyright from the site unless explicitly stated otherwise in the original contract. This may lead to an entirely different scenario.

In my understanding, there may not actually be any copyright infringement. It is important to carefully review the contract with the client. The copyrights on both sites are attributed to "NY Ipodrom" (albeit with a slight spelling difference). If, as is typically the case, you have transferred all exclusive rights to the design to the client, then they hold full ownership.

Your "copyright" is not legally recognized as such; at most, it serves as advertising under the contract, as part of the design payment. You can request that the client specify the authors of the design in both cases. However, according to the law, the authors must be individuals, not entities like "VaitStudio" or "Jam*." Even if a court mandates the client to acknowledge authorship, they are not obligated to include a hyperlink to your site, only to mention the full names of the authors.

The situation changes if the contract clearly stipulates that the design is only transferred to the client for non-exclusive use on the fasthorse.su site, without the right to install it on other sites or transfer it to third parties, while maintaining your "copyright" (studio advertising) permanently.

In this scenario, the client has no right to mark the entire site with a copyright symbol, only individual content, let alone make copies of the design. However, even in such cases, there should be no complaints against DeltaLab. They are not listed as authors, so they cannot be accused of plagiarism. The issue would revolve around their illegal usage of your design if you can provide evidence that they copied or modified it. The client might assist you in determining whether the unauthorized use was by them or by their contractors without their knowledge.

In general, if there are legitimate grounds for claims, they should primarily be directed towards Ipodrom. If they claim to have no knowledge of the second site, then towards the individual to whom the domain is registered (as indicated in whois). In this case, you may need to involve the police, prosecutor's office, or court, as the domain registrar is not obligated to disclose the individual's data to you. The same applies if they claim (without witnesses) that the second site is theirs, but they have no intention of taking action.

If they officially admit involvement (preferably in the presence of witnesses), then you can turn to arbitration regarding the violation of exclusive rights to the work (if you still hold those rights and they were not transferred along with the design) or the advertising agreement (if the client was obligated to indicate your "copyright" on all their sites where your design was used). Additionally, your employees can privately demand recognition as authors in any case. Perhaps the court may even require the inclusion of a hyperlink to a webpage where they are named by their actual names or pseudonyms, although I wouldn't rely too heavily on that outcome.

Suggestions on how to handle this situation:

1. Document the evidence: Collect all the evidence you have, including screenshots, records of communication, and any other documentation that proves your ownership of the original work.

2. Consult a lawyer: Seek legal advice from a professional who specializes in intellectual property law. They will be able to guide you through the specific legal steps you can take to address the copyright infringement.

3. Contact the hosting provider: If the infringing website is hosted by a specific provider, you may consider contacting them to report the copyright violation. They might have policies and procedures in place to deal with such situations.

4. Reach out to the infringing party: While you have already tried contacting the company's founder, it may be worth sending a formal cease and desist letter or email to the infringing party, stating your ownership of the work and demanding that they cease using it immediately.

5. DMCA takedown notice: In some cases, you may need to file a Digital Millennium Copyright Act (DMCA) takedown notice with search engines, social media platforms, or other websites hosting the infringing content. This can prompt them to remove the content or disable access to it.

6. Consider publicizing the issue: If you feel comfortable doing so, you could share your experience with others in relevant online communities or forums. This can raise awareness about the issue and potentially put pressure on the infringing party to resolve the matter.

7. Document your efforts: Keep a record of all your attempts to contact the infringing party, including dates, times, and responses received. This documentation can be valuable if legal action becomes necessary.

8. Explore alternative dispute resolution: Consider exploring options like mediation or arbitration to try to resolve the issue without going through expensive and time-consuming litigation. These processes can provide a neutral third party to help facilitate a resolution.

9. Copyright registration: If you haven't already, consider registering the copyright for your original work. While copyright exists automatically upon creation, registering it with the relevant copyright office can provide additional legal protections and remedies in case of infringement.

10. Consult professional organizations or associations: Reach out to industry-specific organizations or associations that may have resources or advice on handling copyright infringement cases. They might be able to provide guidance or connect you with experts in the field.

11. Monitor the situation: Keep an eye on the infringing website and any other platforms where your work may be appearing without permission. If necessary, take periodic screenshots or other evidence to demonstrate ongoing infringement.

12. Be prepared for legal action: If all else fails, be prepared to escalate the issue legally. Consult with your lawyer to understand the potential remedies, costs, and benefits of pursuing legal action against the infringing party.