I Think I am in Trouble! Please Look!

[blueroxy]

Anyway,

So I am doing a website for a customer. I am basically a freelance web designer and I put an ad on craigslist stating that I would make a website for "x" amount of dollars.

So I met with the client, who happens to be a injury lawyer (i am not going to name names, because I don't want this person "accusing me" to search the net and see this post)

Anyway, so the client knows that I use templates to create websites and he picked one out.

The client wanted a lot of content and when I started editing the page, I found that this template did not really work for what I was doing.

So I did a search on the net for something like "free lawyer css template" because I wanted a css page. They are clean and easy to edit :)

So I'm browsing around for hours and hours, trying things out, messing around with different idea's and I find this one "gallery / idea " page or so I thought. Anyway it had a link to download the template for free.

It already had lawyer information on it but I didn't think anything of it because it had a "fonts" and "psd" folder which to me, meant that it was template based ready to be used.

I did not pay for the template, nor did the site ask me to pay for the template.

So I did the site, the client was happy with it, and we were doing real good on google, etc...

I get home tonight at around 9:45pm and I check my email.

I got an email from some company stating that I had accessed their servers and "blatantly" copied their "entire" website!

Mind you, alot of the images were changed, and you can't copyright "font and text size"

Yes the images were "similar" because I did use the format I was presented with, basically 70% of the images were completely changed, the "image menu format" was changed, and all of the content was changed.

Two pictures were kept original, but were basically a picture of a book, and a picture of a gavel with some text like "meet our staff" and "our mission"

The CSS sheet was basically the same (can you copyright a css sheet?)

The contact form and the method for processing the form was completely changed using (phpform)

The basic layout and a few pictures were kept the same, I would say that 10-20% of the site was the same (but this includes text, coding, etc....)

HTML code is the same right? How can I "Change" html code? I mean, its CODE!

Two of the pics remained exactly the same.....whats the harm?

Basically this freak ball wants $5,000!!!!!!!!!!!!!!

He contacted my client (embarrassing!) and told him what I did (which I don't see the big deal because he knows I work off templates and I basically did this unknowingly....)

This guy says I "accessed his server to download these files"

I can not for the life of me find the site I got this stuff from! My mozilla firefox clears my history every time I close the window so I don't have any idea what to do! I have searched and searched an cannot find the site that I was looking at.

Its possible that these people contacted that "template site" and told them to take down the info and are now coming after me, I really don't know.

This company is located in California, and I am in Florida.......

Will they have to file suit in my state and county?

Do they "honestly" have a case? I mean, it was accidental, and the site doesn't really look the same....

Yes the basic colors are the same
Yes 2 images were untouched
Yes the CSS was a lot similar

No I did not copy content
No I did not use same exact images
No you cannot copyright font size, color and style


Can you copyright CSS sheet?
Can you copyright HTML Code?

What is the deal here? Please help me someone! PLEASE!


Thank You!

anon....


PS - if you pm me, or email me at

[deleted :: email addresses are not permitted]


**HINT** Take first letter of each word to spell my email, like I said I do not want this guy searching and finding this post! I am scared sh*t LesS right now! I don't know what to do! please respond asap..... i do not have the money to pay this guy and I don't want to get in trouble!

[alvo]

First of all, breathe. OK ...

Now, ask them for the copyright registration information. If they didn't register it, you have a lot more going for you, regardless of the situation over any possible infringement. A copyright has to be registered in order to bring a lawsuit. See: http://www.copyright.gov/help/faq/faq-general.html#register

Can you copyright HTML and CSS code? Yes. Code renders things in unique, specific ways, and that makes creative use of code and as such can be copyrighted. This is most obvious when the formatting of the actual code is exactly the same (indents, spacing and such).

a:link, body_alink
{
color: #3300CC;
}
a:visited, body_avisited
{
color: #000099;
}
a:hover, a:active, body_ahover
{
color: #9900FF;
}

is different from

a:link, body_alink {
color: #3300CC;
}

a:visited, body_avisited {
color: #000099;
}

a:hover, a:active, body_ahover {
color: #9900FF;
}

even though they do the exact same thing. If two different sites have the same text and formatting it's easier to convince others that the code was copied. Not that one can't if the formatting is different, but it's harder if it is.

Your best defense if they have registered a copyright is to find the site you downloaded the template from. Did you try searching for the name of the archive? If you can find it again, you have evidence that you used it in good faith.

Do you have assets that could be seized to fulfill a judgment? If you don't, then they have little reason to sue as they won't be able to collect.

Keep in mind that attorneys will attempt to get you to settle out of fear. Several months ago I got a cease and desist letter about some postings on a forum I run, telling me that one person on the forum was sued for defamation and lost and they demanded that I remove all objectionable posting by both parties in the suit or that I would be liable for damages as well. I responded with a note that as an "internet service provider" as defined by law that forum operators are not responsible for what others post on their sites. I also mentioned that there were one and a half million postings and that even if I wanted to, reviewing them all would be a physical impossibility and even then I still would have no idea which ones they found objectionable and which ones not. I told them that I wouldn't be intimidated by their threats, but if they would furnish the URLs of the posts in question I would review them and take appropriate action. Nothing else has happened since. Moral: don't be intimidated by threats (don't dismiss them out of hand either, but keep a level head).

Talk to a lawyer. Don't take legal advice from anyone who isn't a lawyer (including me). If you haven't talked to you client about this, do so. If your story is accurate, then you have nothing to fear from talking to them and explain to them what has happened. They may be able to help you with this (although their specialty is different, it's all law). Maybe offer to make whatever changes are necessary to the site and maybe refund the fee or something similar in exchange for basic advice and sending back a letter could be worked out and then maybe you won't be out any money and it will be over. If they can't help you. ask them to recommend someone who could do so. Also check for local free lawyer consultations that you could avail yourself of.

For everything copyright: http://www.copyright.gov/