Re: Client woes..

Ben,

be sure to register your copyright before attempting any legal action or the
money to fight this comes out of your pocket.

Here is an excerpt from the DMCA which all ISP's have to abide by. All you
have to do is notify the ISP that is hosting this site that there is a
potential infringement and they will drop the site like a hot potato as they
too are libel; for damages under this law.

I am not an attorney so do not construe this as legal advise,but I have been
down this road a few years ago and had the site blocked.

You might also compromise and place you copyright in the <meta
name="copyright" content=""> tag therefore taking it off the index page or
making the text transparent and very small will also work to satisfy those
that want your copyright removed for aesthetic purposes :)

bob

THE LAW!

DMCA Synopsis

`Sec. 1202. Integrity of copyright management information
`(a) FALSE COPYRIGHT MANAGEMENT INFORMATION- No person shall knowingly and
with the intent to induce, enable, facilitate, or conceal infringement--

`(1) provide copyright management information that is false, or

`(2) distribute or import for distribution copyright management information
that is false.

`(b) REMOVAL OR ALTERATION OF COPYRIGHT MANAGEMENT INFORMATION- No person
shall, without the authority of the copyright owner or the law--

`(1) intentionally remove or alter any copyright management information,

`(2) distribute or import for distribution copyright management information
knowing that the copyright management information has been removed or
altered without authority of the copyright owner or the law



Sec. 1203. Civil remedies
`(a) CIVIL ACTIONS- Any person injured by a violation of section 1201 or
1202 may bring a civil action in an appropriate United States district court
for such violation.

`(b) POWERS OF THE COURT- In an action brought under subsection (a), the
court--

`(1) may grant temporary and permanent injunctions on such terms as it deems
reasonable to prevent or restrain a violation, but in no event shall impose
a prior restraint on free speech or the press protected under the 1st
amendment to the Constitution;

`(2) at any time while an action is pending, may order the impounding, on
such terms as it deems reasonable, of any device or product that is in the
custody or control of the alleged violator and that the court has reasonable
cause to believe was involved in a violation;

`(3) may award damages under subsection (c);

`(4) in its discretion may allow the recovery of costs by or against any
party other than the United States or an officer thereof;

`(5) in its discretion may award reasonable attorney's fees to the
prevailing party; and

`(6) may, as part of a final judgment or decree finding a violation, order
the remedial modification or the destruction of any device or product
involved in the violation that is in the custody or control of the violator
or has been impounded under paragraph (2).

`(c) AWARD OF DAMAGES-

`(1) IN GENERAL- Except as otherwise provided in this title, a person
committing a violation of section 1201 or 1202 is liable for either--

`(A) the actual damages and any additional profits of the violator, as
provided in paragraph (2), or

`(B) statutory damages, as provided in paragraph (3).

`(2) ACTUAL DAMAGES- The court shall award to the complaining party the
actual damages suffered by the party as a result of the violation, and any
profits of the violator that are attributable to the violation and are not
taken into account in computing the actual damages, if the complaining party
elects such damages at any time before final judgment is entered.

`(3) STATUTORY DAMAGES- (A) At any time before final judgment is entered, a
complaining party may elect to recover an award of statutory damages for
each violation of section 1201 in the sum of not less than $200 or more than
$2,500 per act of circumvention, device, product, component, offer, or
performance of service, as the court considers just.

`(B) At any time before final judgment is entered, a complaining party may
elect to recover an award of statutory damages for each violation of section
1202 in the sum of not less than $2,500 or more than $25,000

----- Original Message -----
From: "Ben Russo" <i.am.ben(at)sympatico.ca>
To: "HWG Techniques" <hwg-techniques(at)hwg.org>
Sent: Monday, October 22, 2001 6:54 PM
Subject: Client woes..


> Hey...
>
> I'm having issues about the copyright on a site I just finished.  Without
> warning, they ripped off the copyright.  I asked them (kindly) to put it
> back, they said no.
>
> One major problem is there is no contract on this project.  It was a
favour,
> and it turned ugly.  Lesson learned:  Do NOTHING unless it's been signed
> for.
>
> Anyway.  I saw some talk about this sort of thing before.  Just wondering
if
> those people could enlighten me a bit about this.
>
> I want the copyright on.  They don't.  I figure there might be some legal
> action I can take.  We're both in the same city, so we'd fall under the
same
> laws.  So I'm hoping I'm the victim because I'm the artist and they ripped
> my signature off.  Do I have any rights, or am I just dreaming?
>
> Please email me and not the list, cause we are off topic.
>
> and THANKS!!!
>
> - Ben
>
>
>
>

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