How to claim copyright for unpaid work

14 replies
Hello.

I was working for an Australian client and we are in good faith for more than a year. All of a sudden he got few dirt cheap writers and advised me to slash my rates by 250%. I was not willing to discount so aggressively so we discontinued.
Now, he has not paid for 15 days of work although the contents are live on his sited. It has been more than 2 months and I have dropped countless mails, skype messages but as expected there is no response. I want to claim money for the work (as buyer already has made use of them for SEO promotions) or I want to claim copyright for the contents and want them to go down.
Can anyways guide me with the process?

Thank you.

P.S. The amount is sub 500 so I am not looking for an expensive court process.
#claim #contents #copyright #unpaid #work
  • Profile picture of the author Mr Bill
    That's a bummer. Do you feel you have a strong legal case with contracts that spell out what happens in the event of non payment?
    {{ DiscussionBoard.errors[8813775].message }}
  • Profile picture of the author sbucciarel
    Banned
    Send a DMCA to his host where the articles are hosted. List each one. Explain the reason that you still own copyright (unpaid work). They should take it down within 48 hrs.
    {{ DiscussionBoard.errors[8813780].message }}
    • Profile picture of the author ibarena
      Originally Posted by sbucciarel View Post

      Send a DMCA to his host where the articles are hosted. List each one. Explain the reason that you still own copyright (unpaid work). They should take it down within 48 hrs.
      Thanks for the response. Can you please guide me how to do send a DMCA?
      {{ DiscussionBoard.errors[8813793].message }}
  • Profile picture of the author Adie
    Unless you have a written contract, it's difficult to say that you have the rights. I think you should let it go and move on. Sometimes, the legal fee is higher than the money you are going to collect..
    Signature



    Moderator's Note: You're only allowed to put your own products or sites in your signature.

    Signature edited.
    {{ DiscussionBoard.errors[8813783].message }}
  • Profile picture of the author Peter Lessard
    Send a DMCA as suggested.

    If that fails and this money is really important to you read on.
    (Warning: Make sure that this matters enough to you, 99% of the time it is best to walk away)

    I would make sure of the following:
    1. He can actually pay you.
    2. He has received your messages.
    3. The ONLY reason he has not paid is because he wants an unfair discount after you actually did the work.
    4. Make sure you are not even remotely responsible for this such as overcharging or delivering a product at an unfair price.

    Basically if you are 100% positive the person can pay you and is simply choosing to steal from you and there is no way this is a misunderstanding, then I take the approach of crushing a peanut with a sledge hammer. I am generous and have helped many of my clients through tough times but if someone actually tries to steal from me due to lack of respect for my ability to do anything about it that does not work out well for them. When this occurs I picture my kids sitting at a table and some nasty SOB trying to take their dinner away.

    He has a product site correct? Your a writer correct? Use your imagination as to the effect a pissed off writer can have on a product site and give him a firm date of payment to keep that from happening.

    Good luck. In the future get paid up front.
    I pay all my trusted virtual assistants and writers a week ahead. It keeps them feeling secure and staying with me and I can totally understand their fear of being ripped off.
    Signature
    Ready to generate the next million in sales? The Next Million Agency
    {{ DiscussionBoard.errors[8814306].message }}
    • Profile picture of the author ibarena
      Originally Posted by plessard View Post


      He has a product site correct? Your a writer correct? Use your imagination as to the effect a pissed off writer can have on a product site and give him a firm date of payment to keep that from happening.
      Thanks a lot for suggestion.
      I know he "can" pay and intentionally not paying me.
      As of now, I have given him a final deadline of one week (till 31st Dec) after which I will start posting negative reviews about his site. I know this is not going to get my $$ back but it will help fellow writers from getting ripped.
      {{ DiscussionBoard.errors[8814355].message }}
      • Profile picture of the author Tsnyder
        Originally Posted by ibarena View Post

        Thanks a lot for suggestion.
        I know he "can" pay and intentionally not paying me.
        As of now, I have given him a final deadline of one week (till 31st Dec) after which I will start posting negative reviews about his site. I know this is not going to get my $$ back but it will help fellow writers from getting ripped.
        That is a very bad idea that could end up costing you money
        due to legal actions on hs part. Either take legal action against
        him or walk away.

        As for the DMCA procedure... Google is your friend.
        Signature
        If you knew what I know you'd be doing what I do...
        {{ DiscussionBoard.errors[8814585].message }}
  • Profile picture of the author RogueOne
    if someone actually tries to steal from me due to lack of respect for my ability to do anything about it that does not work out well for them. When this occurs I picture my kids sitting at a table and some nasty SOB trying to take their dinner away.
    I second this sentiment.

    Steal 1, I'll cost you 100!
    Signature
    Get Off The Warrior Forum Now & Don't Come Back If You Want To Succeed!
    All The Real Marketers Are Gone. There's Nothing Left But Weak, Sniveling Wanna-Bees!
    {{ DiscussionBoard.errors[8814318].message }}
  • Profile picture of the author ibarena
    Btw, a fellow warrior PMed me to install a bot to spam his adsense site and get it banned.
    {{ DiscussionBoard.errors[8814360].message }}
  • Profile picture of the author laurencewins
    You can also post your articles elsewhere so that if he uses them, they won't be original and that can hurt him too. Post them in lots of places with you as the author.
    Signature

    Cheers, Laurence.
    Writer/Editor/Proofreader.

    {{ DiscussionBoard.errors[8814610].message }}
  • Profile picture of the author HeySal
    Ouch - you should inform people that the copyright is yours until it is paid for - and it won't be delivered until it is paid for. Make sure you have the situation set so you can enforce that. It's hard to cover copyrights as an afterthought.
    Signature

    Sal
    When the Roads and Paths end, learn to guide yourself through the wilderness
    Beyond the Path

    {{ DiscussionBoard.errors[8815231].message }}
    • Profile picture of the author sbucciarel
      Banned
      Originally Posted by HeySal View Post

      Ouch - you should inform people that the copyright is yours until it is paid for - and it won't be delivered until it is paid for. Make sure you have the situation set so you can enforce that. It's hard to cover copyrights as an afterthought.
      Not really. Copyright is yours automatically when you create artwork or written word. Until it's paid for by a client or give rights to someone, you own it. All he needs to do is file the DMCA with the host and the host will inform the deadbeat to remove it within 48 hrs or be suspended. That's the way it has always worked for me.
      {{ DiscussionBoard.errors[8815380].message }}
  • Profile picture of the author ibarena
    Thanks for all the suggestions. I have emailed him with a week's notice to release funds. I got a read acknowledgement as well.

    I will file a DMCA after that. I will post updates about the case.
    {{ DiscussionBoard.errors[8815709].message }}

Trending Topics