Ask HN: Agency won't pay; site live. Copyright?

ltamake · on July 12, 2011

I'd go to a lawyer. If you have a signed contract and can prove that they agreed to pay, you can win in court. But firstly, if you haven't already, send a cease and desist letter to them, mentioning the contract and that you will take the matter to court if they do not cooperate. I've been in this kind of trouble before and a C&D usually does the trick (as companies are intimidated by lawsuits).

Also, try sending a DMCA takedown notice to the host, notifying them of your situation. They might pull the website in question.

brudgers · on July 15, 2011

<IANAL>Depending on the amount owed and the geography, the easiest thing to do may be to file a suit in small claims court</IANAL> assuming you are in the US.

Your contract should indicate what jurisdiction's laws are applicable, have a clause for termination, and another for dispute resolution.

A retainer to be applied to final payment is something I have found helpful - doing the last bit without another check coming doesn't suck as badly as doing the whole thing and then not getting a check.

ScottBurson · on July 12, 2011

The signed contract says nothing about copyright transfer though I've heard by default your work belongs to you until you explicitly transfer rights.

Even if the contract did say something about copyright transfer (as it probably should), they don't receive those rights until they pay you. You absolutely have the right to shut them down.

IANAL, though. You should see one if it has been more than 90 days since you delivered the work.