How to claim copyright for unpaid work

by 14 replies
17
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.
#main internet marketing discussion forum #claim #contents #copyright #unpaid #work
  • 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?
  • 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.
    • [ 3 ] Thanks
    • [1] reply
    • Thanks for the response. Can you please guide me how to do send a DMCA?
      • [1] reply
  • 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..
  • 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.
    • [ 3 ] Thanks
    • [1] reply
    • 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.
      • [1] reply
  • I second this sentiment.

    Steal 1, I'll cost you 100!
  • Btw, a fellow warrior PMed me to install a bot to spam his adsense site and get it banned.
  • 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.
  • 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.
    • [1] reply
    • Banned
      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.
      • [ 1 ] Thanks
  • 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.
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    How to claim copyright for unpaid work

    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.