Glenn,
Very sorry to hear, my friend.
Transfer of Ownership & Escrow Service
This is why I think Sitepoint needs to have a legal agreement that contest holders and contestants BOTH agree to at the start of a contest. This agreement should contain copyright ownership transfer, FOB contest completion. It would also be beneficial to act as, or partner with, a trusted third-party, escrow service. This third-party would hold the contest holder's prize money for the contestants and would also hold the contest winner's final submission for the contest holder. Once both payment and final design have arrived, the trusted third-party automatically makes the exchange. The contest winner gets their payment and the contest holder gets his design. Win/Win.
Now, simply because someone pays you $25 doesn't mean they own your work. If they don't have a receipt of purchase or license for your copyrighted work - they don't have the rights to use it. You didn't provide the guy a license nor transfer or dissolve your rights.
Cease and Desist Letter
Be careful about what letter you send to this guy.
Here are some things to be aware of:
* Do not invoke "actual controversy"
* Declatory Judgements
This page , for instance DOES invoke actual controversy. Notice the language - instead of "may infringe", this document is making a claim that they ARE infringing. Big difference. When you make a claim against someone, you invoke an "actual controversy" - and you are making a legal statement accusing someone of infringement.
An infringement of this size probably doesn't need to worry about this level of detail. I am not a lawyer and only brought to you information I gathered by reading through some articles. However, if you need further legal advice - feel free to contact me as I can refer you to some good copyright attorneys that I have used in the past.
"Few tips on drafting [infringement] cease-and-desist letters:
(1) Never directly accuse or explicitly threaten;
-Use language to express concern regarding possible infringement like "may infringe".
(2) Avoid litigation language;
-Do not use language making reference to possible damages, liability or juries.
(3) Offer a license; and
(4) Consider other actions taken by your client in the past."
(
http://ipcounsel.blogspot.com/2005/0...nd-desist.html)
(
http://williampatry.blogspot.com/200...judgments.html)
The Digital Millennium Copyright Act requires that all infringement claims must be in writing and must include the following information:
* A physical or electronic signature of the copyright owner or the person authorized to act on its behalf;
* A description of the copyrighted work claimed to have been infringed;
* A description of the infringing material and information reasonably sufficient to permit Harvard to locate the material;
* Your contact information, including your address, telephone number, and email;
* A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
* A statement that the information in the notification is accurate, and, under the pains and penalties of perjury, that you are authorized to act on behalf of the copyright owner.
(
http://www.harvard.edu/copyright.html)
