...someones thieved a design from me.

 

Firstly, hello.

I have posted here a couple of times before but my mid year resolution (which i just made up) is to be a bit more proactive in all things design.

 

Anyway, to cut a quite long story to a slightly less long,

I designed a 5 page brochure website for a gueshouse last year when I was quite new to the web designing game.

 

I didnt ask for deposits back then as I thought it might put customers off (I am not as stupid now).

 

I had a good working relationship with the customer through the design stage, keeping her up to date with a working site on my tinthumb.com domain and finally came up with a design she was happy with.

 

Unfortunately she had some bad news and couldnt pay the final fee at the time, so I left her site up on my domain (a mistake)until she had the money at which time I would transfer it. No designs, code, or copyrights changed hands.

 

This didnt happen.

Many "dont worry. pay when you're ready" emails from me and "thanks for understanding, i'll have the money next month" emails later, I contacted her saying I would be deleting the site.

She told not to as she was still interested and would have the money in a month or two (this was May 09)

 

No sign of any payment by today, I wrote an email confirming I was deleting the sign, checked her existing site out of interest and lo and behold a very familiar site greeted me(pun intended).

i.e.

this is my design

 

and this is the guesthouse website here (EDIT: REMOVED LINK AS THIS MAYBE RESOLVED)

 

Its not the best design (I'm a bit better now) but Im sure you can spot one or two similarities.

 

I'm not sure what do about it. Ive emailed her, mentioning copyright and all that but I doubt I'll take it any further. It was a while ago but its annoying when people think stealing desings and ideas is not stealing.

 

Anyone had something similar happen to them?

Unfortunately, it happens all the time. We can just pick ourselves up and carry on. Depending on just how close the code is, you may be able to pursue through the courts, but is it worth your time?

 

Do you freelance fulltime? it may be worth you just ignoring her, and refuse to help her in the future, especially as her site looks like it has been ripped by a complete amateur.

 

Reaper

I dont think I'll take it any further, if it was a design I'd spent a long time over, maybe but it seems a lot of hassle for a basic site. Still, its the cheek and the sneakiness thats annoying.

 

Anyway, she's replied to my email -

 

"Firstly, please let me apoligise for what has happened with your design,it was and still is my intension to use you as my website designer, i am still having ongoing personel problems but to prove that i am not the type of person you may think i am, if you are happy to continue to work on my website please do so, let me know all the information you need so i can have a website that is working to full capacity, if you do not wish to proceed i will understand and have the person responsible for using your design to have it removed. "

 

Fair enough but still no mention of payment for the work i've already done. Im tempted to finish of the work if she pays me 50% of the fee up front but can see this dragging on if I do. I've got enough work to be getting on with at the moment so....(fades out).

I would say contact "lolarosedesign" but doing a google search doesn't even come up with home page - what a joke!

 

Try a whois search and see if the designer is registered to the domain and try and get in contact, you probley won't get far but you might scare them a little Might make you feel better.

 

Good luck

Hi, thanks for the reply.

I tried the lolarosedesign search. Only thing I could find was this forum topic asking how to make changes and upload a website. hmmm

It seems to be the daughter of my client.

I like the "I have a bit of HTML knowledge and have managed to build 5 new pages (which has taken me hours)".

When I say 'like'....

 

Anyway, I'll get back to her tomorrow once I've had a sleep on it.

It is possible to sue for as little as £25 using money claim online, its the online arm of the court service and can be found here, the £25 is added onto the amount owed with the option of adding interest, its amazing how quickly people pay up when they receive letters from the court, to be honest I wouldnt let it lie.

 

If you let people roll you over it sets the scene for every chancer out there, if someone stole your computer and got caught red handed would you sit back and say oh well nevermind, its theft straight up. and you have a ton of evidence. I would make an example of her.

Thanks for the advice.

 

As she's now asked me to finish the site I'll ask for payment upfront. When/if this arrives I'll complete the design, upload it and forget about the whole thing.

 

If not, she's agreed to take my design down. If this doesnt happen I may go down the £25 court option. The only problem there is I didnt draw up a contract.

 

Anyway, I'll let you know what happens...

 

Thanks again

Some good advice for you above, but I think this sort of thing happens fairly regularly from what I've read on this forum.

 

Is a shame that some people just don't seem to want to pay for work that is carried out on their behalf. Is pretty pathetic really.

 

Anyway, hope you get things sorted out.

Thanks for the advice.

 

As she's now asked me to finish the site I'll ask for payment upfront. When/if this arrives I'll complete the design, upload it and forget about the whole thing.

 

If not, she's agreed to take my design down. If this doesnt happen I may go down the £25 court option. The only problem there is I didnt draw up a contract.

 

Anyway, I'll let you know what happens...

 

Thanks again

 

 

Surely it is your work, therefore she has stolen from you. thats the way i would see it.

 

Karl

Thanks for the reply,

 

This looks like its going to be sorted out now.

 

I wont say too much but i think this forum helped in more ways than one.

 

I'll keep you up to date if it goes pear shaped....

Hi, thanks for the reply.

I tried the lolarosedesign search. Only thing I could find was this forum topic asking how to make changes and upload a website. hmmm

It seems to be the daughter of my client.

I like the "I have a bit of HTML knowledge and have managed to build 5 new pages (which has taken me hours)".

When I say 'like'....

 

Anyway, I'll get back to her tomorrow once I've had a sleep on it.

 

I think thats so funny you found a forum post from her! lol! You should reply to it.

I think thats so funny you found a forum post from her! lol! You should reply to it.

 

I think I would be tempted to reply too, and scare the **** out of her!! lol

 

To the OP, hope everything works out for you in the end! Next time, make sure you DO have a signed contract... I've learnt this lesson the hard way myself! Of course it doesn't mean the client is not going to take the p*** but you'll have more legal protection and stand a better chance to get your money... best of luck!

Thanks Kittiekat, everything is more or less sorted out with this now.

 

I've received most of the fee and will finish off and upload the site when the rest pops in my account.

 

Thanks for all your advice. The client found this topic (nothing to do with me) and its possible some of the suggestions of legal action may have influenced any decisions made, although to be fair she was very apologetic and we have to come to an agreement now.

 

I agree about the contract - I dont start anything these days without at least a 30% deposit, a contract, 3 kilos of gold and the clients budgie (returnable on payment). Extreme but necessary - my new company slogan.

 

Anyway, thanks again

I just clicked the link to that thread the daughter posted..

It seems she edited it soon after you posted this thread on here.

 

she basically rubbishes what you did.