My "friend" copied my business web site without my permission and I just found out...

[beesknees]

So, I've been running my own business for awhile, and always got compliments on my web site from my friends from graduate school. There are others that run the same type of business. One girl's husband (who is her web master) has been telling me for years how great my site is. I designed it and wrote the content myself. After seeing them at a party on Sunday, he complimented it again and said he visits it often. So, I went and visited her site last night, which I hadn't done in a long time, and it looks different... the content, format, and organization are exactly like mine, but in Chinese! That stuff wasn't there before, AND they copied a picture right off from MY site!!!!

 

I wasn't so mad about it last night, but this morning I woke up totally MIFFED!! It's blatantly copyright infringement, even though it's been translated. I can't believe how stupid they are if they thought I wouldn't know if it was in Chinese... everything else is the same, AND I have Chinese relatives who can translate for me. If she had asked me if she could copy it before, I think I would've said ok since we don't do business in the same geographic areas anyway, but since she went behind my back, I think that's really bad.

 

Just venting... I don't know if I should say anything about it to her at the next reunion. It's not that big a deal (her site is still sloppy anyway), but I just think that was really low to copy my content, format, and picture because she was too lazy to do her own work!

 

What would you do?

[westernxer]

That's copyright infringement. Do they know this?

 

If not, you should tell them so.

[beesknees]

Yes, they know it. In fact, we studied copyright law together! I guess she wasn't paying attention.

[westernxer]

I'd confront them about this... at least through an e-mail.

 

Just make sure your thoughts are clear before you hit Send. May want to review a couple of times beforehand.

 

I do web sites as well, and I'd be pissed if someone stole my blueprint. Friends should definitely know better than this. Ignorance is just an excuse.

[beesknees]

yup. i would be so ashamed of myself if i did that to a friend- it's really ugly, and it's stupid to think they won't find out. she checks my site, so why wouldn't i check hers? all my creativity and sweat went into my site.

 

i'm pretty mad about it today, so i think i'll let the dust settle before i confront her about it.

 

i'm planning on switching up my site and adding flash & swish stuff in a few months anyway. plus, some new content.

[she_9325]

--"It's not that big a deal (her site is still sloppy anyway), but I just think that was really low to copy my content, format, and picture because she was too lazy to do her own work!"

 

oh hell no.

 

that *is* copyright infringement, and it *is* a big deal!

 

oh i'd be pissed too. confront, for sure.

[Art_Critic]

Are any of your pictures registered with the copyright / trademark office ?

 

Did you create the pictures yourself ?..

 

You say you studied electronic copyright law.. Are you familar with the new laws in the last few years ?

 

The format is not copyrightable..

The content is also not copyrightable unless you are making statements about your products or your are presenting info that you created that is not readibly accessable.. or your writings are documents written.. Like electronic books.. or short stories.

The html is also not copyrightable unless you are writing java code or a few other codes

 

the pictures are copyrightable.. If you registered them then you have an avenue to have her take them down.. it becomes harder if you didn't.

 

Any logos that are registered are trademarks and they cannot use either

 

Personally I would send a letter asking her to take the info down that you have issues with

[amerikajin]

It certainly sounds like copyright infringement.

 

If it's your creation, then it's copyright infringement. That would exclude commonly known facts that any person could look up and pull out of an encyclopedia.

 

For example, you're producing a travel website for the city of Vancouver, the mean temperature in December or the fact that there are many good chinese restaurants isn't copyrightable, even if it's similarly worded. I think you can sue someone for plagiarism if it's written practically word-for-word without credit given to the actual author, though.

[Art_Critic]

Here is a link to the basics of copyrighting a website..

 

http://www.copyright.gov/circs/circ66.html

 

 

http://www.copyright.gov/help/faq/

 

you may also have some issues regarding wheter or not she is in the US.

[westernxer]

Thanks for the info, A_C.

 

My alma mater copied the format of a popular news site and took a lot of flak for doing so... the shame of being caught forced them into redesigning from scratch.

 

It's okay to borrow ideas, but duplicating an entire site is downright embarrassing. Web designers who do this should find another line of work.

 

I don't see how anyone would want to duplicate my work... I'm strictly HTML, nothing fancy with graphics and such, although I could get down and dirty if needed be.

[Art_Critic]

Thanks for the info, A_C.

 

My alma mater copied the format of a popular news site and took a lot of flak for doing so... the shame of being caught forced them into redesigning from scratch.

 

I agree that if they don't have the imagination to do it right then they shouldn't be doing it at all..

 

Look at whitehouse. com we all know that this porn site looks exactly like whitehouse.gov .. ( or it used to.. I haven't hit it for years )

The government tried for years to shut them down with infidgemnt violations and they lost..

They were creating the site but the idea an or format wasn't their idea.

[beesknees]

The content of my web site are articles that I wrote myself for my line of business- she's in the same line of business. They do include facts, and even though facts are not copyrightable, the articles that I wrote myself ARE, and are copyrighted upon first creation regardless of registration. She copied my content, and translated it to Chinese.

 

The picture she copied from my site is one I paid a LOT of money for the license to publish. It is copyrighted by another company, and I purchased the license to use it- she just ripped it off my site.

 

I know the general format, idea, etc. is not protected because anyone can choose to format a site the same way, but her headings are bold where mine are bold, bulleted exactly like mine, and what parts are in English- SAME AS MINE! If you look at them next to each other, it's the same site, but in different languages.

 

It's obvious that she ripped it off my site because her site didn't look this way before and her hubby said he visits my site "A LOT." I came up w/ the general idea/format for it myself, and though formatting & ideas not protected, it's just plain UGLY to do that. I don't condone copycatting, but if you're gonna do it, at least have the scruples NOT to do it to your "friend", right?

 

I am still miffed today.

 

I am thinking of copying some crap off of her site and posting it on mine, and see if they notice (which they will when they are trying to copy more stuff off my site)- or they might think they already copied it off my site but don't remember... LOL! That is, of course, stooping to her level, but I am just so steamed about it right now. I won't be doing it today though.

[hotgurl]

I always thought creative people got the short end of the stick because it is hard to copywrite your creative product or if you are working for a company your product is owned by that company.

 

For instance the some really famous logos were made for very little money but look at how much thier worth now.

 

I did a piece for a company I work for years ago I went on thier site yesterday and thier still using it but now in the manner it was orginally intended and for a different client but I was like I designed that 3 years ago for peanuts!

 

different thought anyhow, coping is really frowned apon and it could damage her reputation I would go after her if I were you. we had a girl in college like that and no one wanted to work any where near her.

[beesknees]

yup. if you work for a company, it's usually in the employment agreement that they own what you create as a 'work made for hire.' that is how valuable copyright is- they want to own the stuff you make. it's also less expensive to hire your own creative people and own their stuff instead of outsourcing and paying for licenses to use other people's copyrights.

 

my family has suggested that i translate parts of my site to chinese and cater to chinese clients too, and my "friend" will be miffed because the heat is ON! she'll wonder why my site has chinese on it, and she'll KNOW i know she ripped off my site. my uncle has volunteered to be a translator for my business. i don't have any chinese clients right now, but i do have the resources to play in the same pool as hers. MWAAAHAAA HAAA HAAA!