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Naive & need advice fast!


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#41 webdesigner93

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Posted 18 May 2017 - 04:27 PM

 

Just to keep you informed this is what I have had from the new website designer......

 

Very many thanks for contacting me.

 

I am somewhat concerned that you are misinformed about your “exclusive copyright” with regards towww.*****.co.uk. So please let me verify a few details.

 

First of all no files were copied from your server. There’s no need for me to do this as installation of a Wordpress/Woocommerce website not only takes literally minutes to do, anyone has permission to do so. This is how the new website (www.*****.com) was put together. You have no copyright claim over any Wordpress or Woocommerce installation, and your website has not been plagiarised as a result of installing Wordpress and Woocommerce.

 

Secondly the template that you installed (Organica by Template Monster) is bound by various terms and conditions as part of the license that you paid for (be assured that I have a valid licence for the same template). I would direct you to their website for specific copyright clarification:https://www.template...-template-usage. The following two sections are especially relevant:

 

If I buy a template, do I have exclusive ownership of it?

You will get exclusive ownership only in case purchasing the template by unique price, and you will get it on your customized website, as for original template files, copyright remains ours.

 

Will I hold the copyright to a finished website?

The initial design copyright remains with the original template designer. If royalty-free images are used within the template, the copyright for those images remains with the original photographer or illustrator. Any text and original images which you include on your pages belong exclusively to you and you hold the copyright on those items.

 

Thirdly you hold no copyright over the content of the website (pictures, text, product information etc). The pictures were taken by ****, and text on the product information and other pages was written by her, therefore you hold no legal claim over any of this as copyright remains with the photographer and text copyright is with the original author.

 

I therefore find that your claim to “exclusive copyright” of www.*****co.uk is misleading at best. In fact, the text “****… …is owned by ***** Web Design” at the footer of that website is wholly inappropriate and implies that ***** actually own the ***** business.

 

You have already been asked to take the www.******.co.uk down as it is no longer the official website of **** (Place name) and I see no reason why you shouldn’t comply. However, if you choose to keep the www.*****.co.uk site online I would recommend that you immediately remove all of the text and image content from the www.*****co.uk website to avoid copyright breach as outlined above. *** will formally request that you do so.

 

In summary you have no copyright claim over the new website, www.*****.com, your accusations of plagiarism and theft are baseless and it is you who is in breach of copyright by having ****** content on your website without permission.

 

On a personal note, common sense should prevail in this matter, and therefore you must accept that you **** is no longer your client, and as a result you do not have the authority to run their website and therefore you really ought to take it offline, chalk up the whole matter to experience and move on.

 

Kind regards

 

******

 

 

Wait so you didn't design the template? if that's so then that kinda changes things all together



#42 jules69

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Posted 18 May 2017 - 04:55 PM

Like I said.. naive.. now feeling stupid and gutted... I am learning from the bottom... this was my first website. 



#43 webdesigner93

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Posted 18 May 2017 - 04:59 PM

Like I said.. naive.. now feeling stupid and gutted... I am learning from the bottom... this was my first website. 

Tbh i understand it's a bummer but I would just comply and remove the website and then continue to payback the remainder you owe her. And then just put all of this behind you. And move on with a new site :)


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#44 rbrtsmith

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Posted 19 May 2017 - 07:21 AM

I would advise in the future to build bespoke websites.  As for e-commerce stay well away from WordPress, there are other platforms better suited to this.  But as a beginner I wouldn't advise taking on e-commerce, start with brochure style websites as you build up experience.  Building bespoke sites from scratch will force you to learn how to code - which to become a professional in this industry you must be able to do.

I hope the above doesn't come across as too harsh, but there is in my opinion a pre-resequite level of competency before being able to sell yourself to clients as a web developer or designer - the same as any professional.  If I hired an electrician I'd expect them to have a good understanding of what they're doing :) 
There are many good resources to learn from and if you want we can direct you to some of those.  Lastly there's nothing wrong in telling a client you are inexperienced in a particular area - say e-commerce.  Honesty is the best policy as the last thing you will want to do is to promise a feature for a client then be unable to deliver. 


Edited by rbrtsmith, 19 May 2017 - 07:24 AM.


#45 jules69

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Posted 19 May 2017 - 08:52 AM

I would advise in the future to build bespoke websites.  As for e-commerce stay well away from WordPress, there are other platforms better suited to this.  But as a beginner I wouldn't advise taking on e-commerce, start with brochure style websites as you build up experience.  Building bespoke sites from scratch will force you to learn how to code - which to become a professional in this industry you must be able to do.

I hope the above doesn't come across as too harsh, but there is in my opinion a pre-resequite level of competency before being able to sell yourself to clients as a web developer or designer - the same as any professional.  If I hired an electrician I'd expect them to have a good understanding of what they're doing :) 
There are many good resources to learn from and if you want we can direct you to some of those.  Lastly there's nothing wrong in telling a client you are inexperienced in a particular area - say e-commerce.  Honesty is the best policy as the last thing you will want to do is to promise a feature for a client then be unable to deliver. 

 

I do understand - and no its not harsh advice at all.. its great advice. I never ever told the client I was experienced. She knew this was my first e-commerce website, and a new venture all together for me.

 

I would love to learn how to build from scratch, I see other designers doing it and wish I could be one, but have no idea where to start. 

 

I dont see why I should take my website down though? I have removed all her images (well hours of work with photoshop correcting her ****e images) and taken her text off. Its my domain name - well my husbands actually. Surely she is a fool to get her new site built on the .com address of mine? 

 

Probably another naive question, but can I not sell my website on to someone else - or use it to sell online myself? 



#46 rbrtsmith

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Posted 19 May 2017 - 01:04 PM

Learning to build full stack websites - design, front-end, backend, deployment, maintenance and dealing with clients and so on. There's a huge amount to learn.  IMO if you are feeling overwhelmed you should make a decision on what exactly you enjoy doing the most and focus on it

 

if it's design then stick to that and either pair up with a developer if you wish to remain freelance OR look for work at an agency as a designer.  The same applies for development - get help with the design side.  Development itself can get extremely complex so it's very common for developers to specialise in an area of the stack (frontend, backend, infrastructure) some of those more experienced can work across the stack, although to be good at them all requires an enormous undertaking.

 

So my advice would be to figure out what aspects you enjoy the most and given your experience seek to work at an agency and build up some experience before going it alone.  It can be done the other way, but you have seen first hand what issues come about with a lack of experience.






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