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hello,
we were hoping someone might be able to point us in the right direction as we’ve had very little success in finding a layman's answer to our question. in short our issue concerns a breach of copyright.
1. we’re a freelance graphic designer team who created some promotional material for a company (a) under commission (there were no assignation of rights and we own the copyright)
2. the work we submitted to (a) was done so with clear licence terms forbidding any secondary use or third party rights without prior permission from us
3. they pulled the plug on the project in the end and the work never got used but about a year down the line we find our work on (a’s) website. Not only is it on the website of (a) but it’s also been used by quite a number of other websites (b) that are each independent of (a). we can only presume that (b) have accessed the work from the website of (a) as there will have been no other way the work could have got to (b) as we certainly never released the work!
4. we’ve been in touch with (a) who have finally agreed to pay us for the use on their website but they are refusing to take any responsibility for the use found on (b) which we’re obviously a bit miffed about
we’ve got all the factual correspondence we’ve had with (a) together with their agreement to pay us for the use on their website along with all the evidence of our work being used across (b) so we were advised (very briefly) to put some case particulars together (c 1-3: poc, pob & pod) and raise a small claim
· particulars of case (c1)
· particulars of breach (c2)
· particulars of damage (c3)
now we’ve certainly come across (c 1-3) pertaining to housing issues, council tax, mortgages, debt, breach of contracts, matrimony, employee dismissal and mobile bugging but we just can’t find any examples of (c 1-3) for copyright and intellectual property. so could anybody give us an example of how, with the facts stated through 1 to 4, we should format / lay out our (c 1-3) for preparation of submitting the N1 please?
any help would be most appreciated
we were hoping someone might be able to point us in the right direction as we’ve had very little success in finding a layman's answer to our question. in short our issue concerns a breach of copyright.
1. we’re a freelance graphic designer team who created some promotional material for a company (a) under commission (there were no assignation of rights and we own the copyright)
2. the work we submitted to (a) was done so with clear licence terms forbidding any secondary use or third party rights without prior permission from us
3. they pulled the plug on the project in the end and the work never got used but about a year down the line we find our work on (a’s) website. Not only is it on the website of (a) but it’s also been used by quite a number of other websites (b) that are each independent of (a). we can only presume that (b) have accessed the work from the website of (a) as there will have been no other way the work could have got to (b) as we certainly never released the work!
4. we’ve been in touch with (a) who have finally agreed to pay us for the use on their website but they are refusing to take any responsibility for the use found on (b) which we’re obviously a bit miffed about
we’ve got all the factual correspondence we’ve had with (a) together with their agreement to pay us for the use on their website along with all the evidence of our work being used across (b) so we were advised (very briefly) to put some case particulars together (c 1-3: poc, pob & pod) and raise a small claim
· particulars of case (c1)
· particulars of breach (c2)
· particulars of damage (c3)
now we’ve certainly come across (c 1-3) pertaining to housing issues, council tax, mortgages, debt, breach of contracts, matrimony, employee dismissal and mobile bugging but we just can’t find any examples of (c 1-3) for copyright and intellectual property. so could anybody give us an example of how, with the facts stated through 1 to 4, we should format / lay out our (c 1-3) for preparation of submitting the N1 please?
any help would be most appreciated
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