Legal Question in Intellectual Property in Georgia
suing for copyright infringement for website creation & client won't pay
A local non inc. magazine asked me to create a website for them. I emailed
them my rates and they agreed. At the end of the week, I submitted a partial
bill. They then terminated our relationship, locked me out of the website,
and now will not pay me. I have 2 issues: 1) payment to me for work done 2)
copyright infringement as they are using the website I created for them
without paying me. They locked me out of the web, so I cannot take my work
back. They changed the password. So they continue to benefit from what I
created for them, making additional income and free advertising, etc.. Is this
a small claims issue? And is there more $$ I can sue for on the copyright
issue and/or punitive damages and/or other dollars to sue for? I understand
I am the second web developer they have taken advantage of and I don't want
anyone else to suffer. This is the first time this has ever happened to me and
its been such a hassle, they should pay for all this aggravation of suing, i.e.
my lost wages and dollars sending return receipt letters and invoices, etc..
1 Answer from Attorneys
Re: suing for copyright infringement for website creation & client won't pay
Your best bet would be a breach of contract claim. There is probably no infringement claim because the website and its contents would be a "work-for-hire" and the rights would belong to the magazine. Of course, that assumes that they pay for it. There night be a way to rescind the contract and reclaim the copyrighted material.
If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.
The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.
Glenn M. Lyon, Esq
MacGregor Lyon, LLC
Promenade II
1230 Peachtree Street NE
Suite 1900
Atlanta Georgia 30309
Phone 404.942.3545
Fax 404.795.0993
www.macgregorlyon.com
Confidentiality Notice
This message is being sent by or on behalf of a lawyer. It is intended exclusively for the individual or entity to which it is addressed. This communication may contain information that is proprietary, privileged or confidential or otherwise legally exempt from disclosure. If you are not the named addressee, you are not authorized to read, print, retain, copy or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately by e-mail and delete all copies of the message.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
