Need advice from other Web Designers - Copyright

Hi All.

Im a freelance webdesigner and I do this on the side once in awhile for people. I recently designed a website and when I put it up on my beta site for customer review, some person contacted me and said that I was copying his exact website.

In short, he is accusing me for website infringement.

I designed the site using a free template online like this type of site. I used the same layout, stock photos, and a little text that was provided with the template. I used the 2 stock photos that came with the template but everything else I completely changed.

Now here is the problem, I cannot find the free template any longer. I do not remember the site that I got it from, there are just so many out there. His website has the copyright all right reserved on the bottom but when I asked him, he doesn't have it registered at the copyright office.

Either way he said that it is still infringement and would take actions.

Any advice on what I should do ? By the way, I took down the site once I heard about this. He is spreading bad press online about my client and also myself. Im seeking legal advice soon but would like to hear some feedback from other web designers that have any thought or experienced this before.
Any suggestions would really work right now. I never experienced this before and would really appreciate the help.

 

Either he is using the same web template that you are and he just doesn't want someone else having the same design...(which he can't do) or he probably purchased the templates "exclusive rights". However, that doesn't mean you cannot use it if you downloaded it before he bought those rights (which template companies will take it down as soon as exclusive rights are given, so there's no chance that happened) you don't have anything to worry about. It says in the contracts agreed upon before purchasing exclusive rights that the template may have been downloaded and used previous to their purchase...and they should have read that carefully. If I were you I would not be too worried, maybe even ask the other site owner where he bought the template from, then explain that you downloaded it before he bought the rights and he cannot do anything about it as per the contract agreement on the website.

Of course the other scenario is the place where you bought the template from stole the design from someone else and they got in trouble to "reselling" someone elses design and was forced to pull it, in which case you still should not be liable as long as you saved your confirmation email all should be good.

 

what site did you get the design from?

 

Thanks "LMfrench" for the advice.

I actually do not recall where I got this particular template, I have gotten some from templatemonster and other sites.

I don't think this person is going to do any legal actions at all considering, he doesnt have his site copyrighted to the gov. office. The only problem I have now is that he is "Slandering" my client and accusing her of infrigement thru his blog.

He is doing dafamation of character to my client even though she is not even guilty at all. What do you guys think I should do about this ? Legal actions are very expensive though I want this guy to stop Slandering her.

In addition, his blog is #1 result in Google if you ever search the name of my client. Any comments?

 

You get people like that all the time m8, if it were me i wouldnt worry one bite, and i'd just slag back or give him bad feedback etc... im not syaing to do this because it's probably the wrong thing to do lol but thats just me.

 

This is the template. Does this look familiar.

Can you help me find this or something similar. It would really help.

http://www.ebargaindesigns.com/template/index.htm

 

Lol, looks similar to one ive seen before. Similar as in the basic design, which lots of people have. (Simple black)

 

Legal costs are relatively low if you take them to small claims court (ever see Judge Judy?). The maximum you can sue for is $5000 but more important you can get them to stop the slandering and dafamation of character. My family owns a landscape company and we had a customer who didn't feel they should pay since the landscape didn't turn out like they envisioned even though they signed and approved of the plans. We filed a claim in small claims court and guess what? They never showed up! They knew they had no leg to stand on. In this case, it would have to be pretty much an EXACT copy of their website which is nearly impossible considering the BILLIONS of websites designed. I didn't see the template but unless there are some special customized buttons or graphics then they have no case and will probably conceed before going to court.

Does this other site even sell or do the same thing as your customers? That also goes a long way to how a judge would rule.

Here's what I would do if I were your client. First, if this other guy doesn't even provide the same service and is a totally different kind of business I would copyright the website myself and then serve this guy papers to small claims court arguing slander, etc. and sue for an amount that would cover the cost of my website, loss of revenue since you had to take it down, cost of some advertising to "fix" or "repair" the bad buzz this person has caused, and force him to issue an appology on his blog for being WRONG!

John

 

thanks for the post John. I really should take your advice in sincere consideration. Thanks again.