Q: DMCA takedown notice for website that didn't pay for web design?
I'm a web designer. I built two sites for a client. For the first site, everything was agreed upon through the website elance.com. For the second site, everything was agreed upon through email.
I did not have an official contract as such for either site (although the elance system may act as a contract somewhat).
Long story short, the client has refused to pay me for either site.
Elance will not do anything for me because I didn'tt have the client fund an escrow account.
I live in a different state as the client, and so going to small claims court isn't really an option.
My question is this - Can I contact her web host and send them a DMCA takedown notice because she is using my design without having paid for it?
It's my understanding that my work should be copyrighted, but does the copyright stay with me until I give explicit permission or until she pays?
Thanks
A: Did you copyright your work or not? This is much more than a basic legal question. It requires a bit of research to answer.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
