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Falsely accused of copying design

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toomeycustoms

toomeycustoms

New Member
What if you designed a t-shirt for your own clothing line, printed them for resale and then months later have someone accuse you of using their photo of their dog(which recently passed of cancer)? The person then demands you stop selling the design or they will let everyone know we illegally "copied" there photo. They and their "friends" start harassing you on facebook, posting reviews on your website, Instagram and email. You only have about 50 of the shirts in inventory. . . Do you just give in and remove the design even though you know you did nothing wrong and have never seen the picture before?

This happened to us today. I've attached the image of our shirt design and their photo. I'm still boggled on how our design is so similar. And before you go asking am I sure my designer didn't copy it, the designer is my fiance, and I can guarantee she did not trace it. She even has the original ai file that has all of the photos she used for inspiration, none of which have glasses of bowties. Here original design didn't have cropped ears or a bow tie. Those were my idea when she showed me the original.

So what would you do?
 

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ddarlak

ddarlak

Go Bills!
you might want to think twice about marriage.....she's obviously lying....


i so hate pitbulls....
 
S

SqueeGee

New Member
It is a shocking similarity. I think the dog owner might be a little kooky but could certainly see where they'd believe that the photo was used. Some of the details are just impossible to ignore.

Per your question. I would try to smooth things over(give them some of the shirts?) and if that didn't work, comply with their request/demand.
 
SignManiac

SignManiac

New Member
That's definitely more than similar. No way the drawing did not come from the photo. Other than being harassed, I'd move on and get a poodle.
 
F

fresh

New Member
Do you have any reference pictures? I actually believe you, and even if I didn't, is the person really going to take you to court over it?

I wouldn't sweat it.
 
P

player

New Member
With music you could write a song, and if it has the same hook or melody as an already written song you are in violation even if you did not know about the other song. Same with business names, logos, mascots...

So I think you have to change your artwork or stop using it.
 
toomeycustoms

toomeycustoms

New Member
It is such a similarity, it is mind boggling and I can see how someone could believe it was traced. I would be my life that my fiance did not trace the picture. We are the type of people that if we know we did wrong, we would make it right. If we did copy the picture, we would have immediately removed the design when requested. But we KNOW we didn't. This isn't the first design we've made with a dog with glasses and a bowtie. Most of our designs have glasses of some sort - http://inkopious.com/

We gave in and removed the design because my fiance is in tears over the accusation and the anxiety is just not worth it.
 
DravidDavid

DravidDavid

New Member
If they were a true pitbull owner, they would support the design and what it preaches! She might be a bit of a kook indeed.

Offer him/her a T-Shirt and if that doesn't make them go away, fight them. I don't know how copyright law works where you are, but usually artistic renditions that have been modified from the original (it's measured in percentages, I can't remember how many) then you are allowed to reproduce the artwork as your own.

I too would like to see the photos of inspiration. She is not the first person in the world to take a photo like that and will not be the last.

EDIT: So the above photo pretty much proves that your wife used this photo as a trace for this particular piece of art. Either way, I don't think there is a legal issue here.
 
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thinksigns

thinksigns

SnowFlake
If you are legit, your only out is to prove your design was created before the dog pic was put on the internet. Tineye did not find any matches for the dog photo. My guess is the dog pic was on Facebook. Can you play six degrees of separation with facebook friends to connect your fiance with them?
 
toomeycustoms

toomeycustoms

New Member
We've already determined their photo came from Instagram, but she is not following that person and has never liked any of their photos. It seems pointless to even try to prove she didn't trace it because it is so similar. Which is so frustrating since we have NEVER seen the picture before today and KNOW we did NOT trace it. I've attached a screenshot, of the in progress file she had before I told her to crop the ears. Without the glasses and bowtie, it is just another pitbull.

We did offer some free shirts and to donate the 20% of every sale to her charity/rescue of choice, but even doing that made me feel like we were admitting fault.

If we were in the wrong, we would have just removed the design without a fight and there would be no point of me making this thread. But when you are accused of something you KNOW you didn't do, you put up a fight. Then you realize the whole day has gone by, you haven't gotten any work done, haven't eaten anything and you are consumed with trying to prove it wasn't traced. It just isn't worth it, so back to work to try and salvage today. :banghead:
 

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DravidDavid

DravidDavid

New Member
Just change minor details of the drawing and problem solved.

Convincing us you didn't trace it won't help...It certainly seems as if you did, but stranger things have occured in the world. Your best bet if you like the design is to simply change the way the ears sit...etc...That way it's not a problem.
 
F

fresh

New Member
Z SIGNS said:
All Pitbulls should be destroyed
Click to expand...

Wow. I just lost a lot of respect for you. Its actually really sad to see how closed-minded humans can be. What's even more sad is knowing how much love and joy you will miss out on because of inaccurate stereo-types.

I've known a few truly amazing dogs. You know, the dog that is gentle, intuitive, playful? The best dogs I've ever met were all pit bulls (or pit bull mixes). My pit/pointer mix was nuts when we got him, but who could blame him? He was locked in a shelter for 9 months, and most likely abused for entire young life before that. Now I have friends ASKING me to watch him because he is such a doll. And honestly, I don't even consider him that good! He's cute and well behaved and all, but man, he LOVES to roll around in the mud and grass and can't even fetch. Anyway.

When I was about 17, I got bit by a Pomeranian and needed stitches. It was an unprovoked attack by a dog that was not properly trained or cared for. Does this mean I wish all Pomeranians death? Absolutely not. I do wish death to all small-dog owners who treat animals like accessories, and similarly big-dog owners who train their dogs to be aggressive.
 
JgS

JgS

New Member
Obviously they are upset and they are taking it out on you by putting your reputation on the line. YOU DON'T WANT TO BE KNOW AS A PLAGIARIZER. Even if you didn't copy it. With it's similarities people are still going to think you did. Just stop selling the shirts and try to patch things up them. Otherwise they are going to keep harassing you and making you look bad to your customers. You have no way to win this one.
 
SignManiac

SignManiac

New Member
DravidDavid said:
Just change minor details of the drawing and problem solved.

Convincing us you didn't trace it won't help...It certainly seems as if you did, but stranger things have occured in the world. Your best bet if you like the design is to simply change the way the ears sit...etc...That way it's not a problem.
Click to expand...

Perhaps that is true in Auckland, but not here in the U.S. Copyright infringement is considered even if there is a resemblance. If you artwork is a derivative of the original and can be recognized as such, you are in violation. The old 10% change rule is a myth.

Sometimes asking for permission is often the easiest thing to do. Just yesterday, I found a spectacular CG steam punk drawing and wanted to use it for my personal use only in my man cave. A one off and not for commercial use or sale. I emailed the artist and explained what I wanted it for, asked politely, and he said with pleasure and that he would love to see the standee once she was done.
 
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