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I design website's for a living, resently I was replaced on a job. I
have found that they are using content I am producing for someone else
on their new website. Any thoughts would be greatly appreciated.
enl@dtwteq.com
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I design website's for a living, resently I was replaced on a job. I
have found that they are using content I am producing for someone else
on their new website. Any thoughts would be greatly appreciated.
enl@dtwteq.com
Your question left a little bit of information out. Were you working on
"someone else's" website on your employers computer?
If you were, and were doing so on company time, under intellectual property
law, anything which you created as part of your
employment, using their equipment, absent an agreement to do so, becomes the
property of your previous employer. It also depends on the type of employee
you were. If you were an independant contractor, and you were free to
develop programs on your own, in addition to theirs, you may have a cause of
action for their appropriation of your intellectual property.
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"Ray Zipsa" <essexcommander@prodigy.net> wrote in message news:<rL2bd.14587$UC7.9631@newssvr31.news.prodigy.com>...
Your question left a little bit of information out. Were you working on
"someone else's" website on your employers computer?
If you were, and were doing so on company time, under intellectual property
law, anything which you created as part of your
employment, using their equipment, absent an agreement to do so, becomes the
property of your previous employer. It also depends on the type of employee
you were. If you were an independant contractor, and you were free to
develop programs on your own, in addition to theirs, you may have a cause of
action for their appropriation of your intellectual property.
OK 10 months ago the local government changed the new admin wanted to
bring in their own webmaster. So we parted ways. A month or two
later I was contracted to do a website for another client. Now 9 or
10 months later I go look at the web project I was replaced on and
find that their content is content I've been developing for the new
client. Word for word, in some instances. Party 1 is getting a
website for free as they are simple cutting and pasting, the content I
have developed for party 2. A client I started to work with AFTER my
relationship with party 1 was desolved. NO never was anything
developed for either party on site, or with thier equipment.
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It sounds as though you need to speak to an attorney who specializes in
intellectual property law. The burden of proof that you face is showing that
your previous employer illegally appropriated your work for their
website.The question is whether or not YOU still own the work product, or
whether your new employer owns the work you did on THEIR website. If you
developed the website for them as their employee or agent, THEY may be the
party who has a cause of action against your former employer. It's important
to remember that if you develop a website for someone, they, and not you,
own the work that you did. Another thing to consider is the cost of pursuing
an action. You need to prove not only that they misappropriated your work,
but you must shows very specific money damages to you. Unless you think this
is worth a considerable amount of money, you may have a hard time finding an
attorney to take your case on a contingency fee basis. But, it might be
worth a couple hundred dollars to sit down with an intellectual property
attorney to at least get an educated idea as to whether you have a cause of
action against your former employer. Just as a side note, by the way, if
your former employer is a government agency, that opens up a whole can of
worms which may complicate things considerably.
Good luck, Ed.
"Ray Zipsa" <essexcommander@prodigy.net> wrote in message
news:<rL2bd.14587$UC7.9631@newssvr31.news.prodigy.com>...
I design website's for a living, resently I was replaced on a job. I
have found that they are using content I am producing for someone else
on their new website. Any thoughts would be greatly appreciated.
enl@dtwteq.com
Your question left a little bit of information out. Were you working on
"someone else's" website on your employers computer?
If you were, and were doing so on company time, under intellectual
property
law, anything which you created as part of your
employment, using their equipment, absent an agreement to do so, becomes
the
property of your previous employer. It also depends on the type of
employee
you were. If you were an independant contractor, and you were free to
develop programs on your own, in addition to theirs, you may have a
cause of
action for their appropriation of your intellectual property.
OK 10 months ago the local government changed the new admin wanted to
bring in their own webmaster. So we parted ways. A month or two
later I was contracted to do a website for another client. Now 9 or
10 months later I go look at the web project I was replaced on and
find that their content is content I've been developing for the new
client. Word for word, in some instances. Party 1 is getting a
website for free as they are simple cutting and pasting, the content I
have developed for party 2. A client I started to work with AFTER my
relationship with party 1 was desolved. NO never was anything
developed for either party on site, or with thier equipment.
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"Ray Zipsa" <essexcommander@prodigy.net> wrote in message news:<ghmcd.15262$Mq1.5186@newssvr31.news.prodigy.com>...
It sounds as though you need to speak to an attorney who specializes in
intellectual property law. The burden of proof that you face is showing that
your previous employer illegally appropriated your work for their
website.The question is whether or not YOU still own the work product, or
whether your new employer owns the work you did on THEIR website. If you
developed the website for them as their employee or agent, THEY may be the
party who has a cause of action against your former employer. It's important
to remember that if you develop a website for someone, they, and not you,
own the work that you did. Another thing to consider is the cost of pursuing
an action. You need to prove not only that they misappropriated your work,
but you must shows very specific money damages to you. Unless you think this
is worth a considerable amount of money, you may have a hard time finding an
attorney to take your case on a contingency fee basis. But, it might be
worth a couple hundred dollars to sit down with an intellectual property
attorney to at least get an educated idea as to whether you have a cause of
action against your former employer. Just as a side note, by the way, if
your former employer is a government agency, that opens up a whole can of
worms which may complicate things considerably.
Good luck, Ed.
news:<rL2bd.14587$UC7.9631@newssvr31.news.prodigy.com>...
I design website's for a living, resently I was replaced on a job. I
have found that they are using content I am producing for someone else
on their new website. Any thoughts would be greatly appreciated.
enl@dtwteq.com
Your question left a little bit of information out. Were you working on
"someone else's" website on your employers computer?
If you were, and were doing so on company time, under intellectual
property
law, anything which you created as part of your
employment, using their equipment, absent an agreement to do so, becomes
the
property of your previous employer. It also depends on the type of
employee
you were. If you were an independant contractor, and you were free to
develop programs on your own, in addition to theirs, you may have a
cause of
action for their appropriation of your intellectual property.
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Sounds like you and your lawyer are on the right track!
Good luck, Ed.
"Ray Zipsa" <essexcommander@prodigy.net> wrote in message
news:<ghmcd.15262$Mq1.5186@newssvr31.news.prodigy.com>...
It sounds as though you need to speak to an attorney who specializes in
intellectual property law. The burden of proof that you face is showing
that
your previous employer illegally appropriated your work for their
website.The question is whether or not YOU still own the work product,
or
whether your new employer owns the work you did on THEIR website. If you
developed the website for them as their employee or agent, THEY may be
the
party who has a cause of action against your former employer. It's
important
to remember that if you develop a website for someone, they, and not
you,
own the work that you did. Another thing to consider is the cost of
pursuing
an action. You need to prove not only that they misappropriated your
work,
but you must shows very specific money damages to you. Unless you think
this
is worth a considerable amount of money, you may have a hard time
finding an
attorney to take your case on a contingency fee basis. But, it might be
worth a couple hundred dollars to sit down with an intellectual property
attorney to at least get an educated idea as to whether you have a cause
of
action against your former employer. Just as a side note, by the way, if
your former employer is a government agency, that opens up a whole can
of
worms which may complicate things considerably.
Good luck, Ed.
I design website's for a living, resently I was replaced on a job.
I have found that they are using content I am producing for someone
else
on their new website. Any thoughts would be greatly appreciated.
enl@dtwteq.com
Your question left a little bit of information out. Were you working
on
"someone else's" website on your employers computer?
If you were, and were doing so on company time, under intellectual
property
law, anything which you created as part of your
employment, using their equipment, absent an agreement to do so,
becomes
the
property of your previous employer. It also depends on the type of
employee
you were. If you were an independant contractor, and you were free
to
develop programs on your own, in addition to theirs, you may have a
cause of
action for their appropriation of your intellectual property.
OK 10 months ago the local government changed the new admin wanted to
bring in their own webmaster. So we parted ways. A month or two
later I was contracted to do a website for another client. Now 9 or
10 months later I go look at the web project I was replaced on and
find that their content is content I've been developing for the new
client. Word for word, in some instances. Party 1 is getting a
website for free as they are simple cutting and pasting, the content I
have developed for party 2. A client I started to work with AFTER my
relationship with party 1 was desolved. NO never was anything
developed for either party on site, or with thier equipment.
I have spoke to a lawyer. Thing is there is much more to it and I can
prove they have also damaged my business. If you were to see the
actual text you would see. I send a letter requesting the material in
question be removed by Oct. 25th after that we are filing suit and
will claim more then intellectual property violations. So we have
more then just the website. In the "terms of use" section of the new
website I included a claus for thrid party rights and use of, for
thrid parties to follow their own resolutions to matters of their own.
I have informed the second website owners that I am exercising this
right on my own behave. The value is more then monetary, the value is
to my other 137 clients in that I do monitor their websites and am
looking out for their best interests. Not just anyone can come along
and take my clients hard work, information, content and use it as
their own. This first website that took the content, also published
in their meta tags that they are the authors. If someone hires me for
a website they need to know I will look out for their best interest
and mine.
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