Legal Question in Intellectual Property in Indiana

Web site design proposal

I got a proposal from a firm to create a website for me. As part of their proposal process they offer to create a free web page showing what the finished product will resemble.I told them in detail how I desired the site to look from layout, colors, menu placement, overall feel, and number and order of linked pages. I even provided them with a CD full of my images for their use to assist them. They provide a written proposal with a color printout of the free page that they created. I declined the proposal offered. At this time I went to firm#2 and asked them to provide a proposal for the same services and had the same discussion on what the product should be. I showed this firm the printout from Firm #1 for visual aid. Firm#2 provided a proposal and was hired. Web site was designed with 'tweaks� to meet my needs. I received a letter from a lawyer at firm #1 threatening to sue me if I do not pay firm#1 $1000 for the time that they spent creating the complimentary page for me. They claim that I received benefit from their intellectual properties (complimentary page provided to me with the proposal) since our finished site resembled the page that they created with the proposal. Am I in the wrong here?


Asked on 1/10/03, 9:05 pm

1 Answer from Attorneys
Bruce Burdick Burdick Law Firm

Re: Web site design proposal

You and firm #2 have a copyright infringement problem. You made a legal mistake in giving firm #2 the artistic work of firm #1. Firm #2 made a mistake in not designing a completely different look to the website. Now you have what is likely a derivation of the work of firm #1. One of the rights owned by a copyright owner is the right to make derivations of the original work. You have admittedly infringed that right.

You need to hire a copyright lawyer if you want to fight this. Alternatively, you need to change your website or pay firm#1 a fair value for their work.

Bottom line, YES you are in the wrong. Sorry, that is probably not what you wanted to hear but I think you wanted the truth rather than sugar coated mush aimed at getting your legal business.

Read more
Answered on 1/11/03, 2:36 am


Related Questions & Answers

More Intellectual Property questions and answers in Indiana