I may be seeking legal advice in the coming week, due to an issue which I have discovered regarding a graphic designed banner I created for a client 3-4 years ago. Basically, I run a local forum, which offers local business advertising to cover our running costs. Now .... my typical approach is to create a free flat image banner for use on our site only, where clients are simply paying for the ad placement/subscription period.
So, I were shocked to stumble across my banner on other websites in connection to the client's business. One being one of those small ad rotators and another on one of the client's own business blog/site.
To provide a clear outline of my findings, one banner is exactly as I designed it and another has graphic/text changes applied. At the time of my initial banner design, the client provided a profile photo and a background scene image & supporting text to be added, otherwise, I designed the banner with this material provided. I produced a proof of the final banner prior to going live on our site, which is obviously where the client took and modified the banner for future use.
So ... with all that said, do we have a case to approach my lawyer?
Many thanks in advance for any advice anyone can offer.