how to handle a stolen design

[buzzgraphics]

so, in over five years this is the first time I've seen this happen. A long standing (I guess now former) customer asked for a redesign of their vehicle wrap package for a new van. We put together a couple of looks and sent them over in December of last year. Never heard back so contacted them again at the end of January about the project and was told that it was back burnered but they would discuss it and get back with me shortly. Well, this morning I just saw the van rolling down the highway, with my design on it! The had pasted a product shot over my design, but other than that it was the same.

I've done about 4 or 5 vehicles for these guys over the years, their owner is a personal friend of my father-in-law, I used them for my heating and AC when I built my house. An interesting note, when I did their last truck the customer's son tried to work me down saying that I had competition willing to do the job for about half (my price is $1600 for a 3/4 wrap on a full size truck) to which I told him that I wouldn't budge. If you want to go to a cheaper option that's fine, but you don't get to steal my design.

So how much hell do I raise?

 

[CanuckSigns]

Send them a bill for the design work

 

[buzzgraphics]

no phone call or nothing?

 

[signage]

I hope you email had that you own the artwork.

 

[J Hill Designs]

phone call once its past due

 

[Bdaniels230]

we had the same thing happen not too long ago...
a customer had come in to get some posters made for a show he was promoting
he said it was a charity thing so we gave him the best price we could which still got his britches in a bunch. So after we sent an email of a proof with the water mark SAMPLE on it we never did hear back from him after that.

couple days later we are out downtown and see flyers all over the place with our design and SAMPLE slapped over it ...turns out he just went home and printed them himeself. lol

and yes we end up sending him a bill for design work

 

[tsgstl]

I had the same thing happen to me on a smart car wrap. Now we see my design rolling around town. We wasted 10+ hours (over half of that bs ing with the owner). Now we charge for design work before we start. Never had this issue before and I am always guilty of giving people the benefit of the doubt.

The owner spent 6 hours bad mouthing other companies. I have relationships with half a dozen of those companies (which he knew) So I have informed all of them now about what he has said. My wasted 10 hours have cost him well over 20k in referrals that he no longer gets.

He sponsors a radio show and is a guest often, I have thought about calling in and confronting him live on the air. But I am busy and I heard smart cars are kind of a pain. I have learned from this experience and made steps to not let it happen again.

Unless you had something in writing my guess is that the money you could recoup wouldn't be worth the time.

 

[buzzgraphics]

I guess that I should add that they did make some minor changes to the design - basically they slapped a product shot over the back end of the design and made the logo a bit smaller. But other than that it's basically identical. Can they make some ******** (but legal) argument about changing 20 percent of the design?

 

[nashvillesigns]

i am wondering the same thing. i would think a lot. how does one go and prove such a thing?

 

[J Hill Designs]

mostly likely this will end up with

"chalk it up to experience, and move on"

 

[signage]

Did the file you sent him state you own the artwork?

 

[Marie]

That is always a bitter pill. When watermarking a proof, I suggest putting PROOF large then underneath smaller DESIGN PROPERTY OF - and your co. name. That way they can't said they didn't "know" that the artwork was your property, and if they send it to another company, that company will also know.

 

[J Hill Designs]

...and by golly if at all possible rasterize it

 

[buzzgraphics]

why do i have to put verbage about not stealing my artwork? people don't assume that its acceptable to steal from the grocery store, why would my artwork be different?

 

[Christian @ 2CT Media]

physical vs intellectual... apples to oranges.

People think because its a concept and digital it isn't protected like shoplifting a case of beer. The average person isn't taught about intellectual copyright.

 

[Rick]

Did you have a contract?
Did you put a statement on the drawing that you own the design?
Why didn't you charge them for the design?

At the very least bill them...
It is technically your design...
There is no such thing as changing the design 20%, it's a side by side comparison. As long as your design is unique enough, there is a good argument in court that they pinched your "design"... if in fact it is a "design" Slapping a few images that belonged to the client may be harder to argue.

For the next time...

Either start charging for design... or at the very least... have them sign something that states if they pinch your design, they pay you "x" amount of dollars.

 

[J Hill Designs]

because people dont know better...

edit: or theres the other people that DO know better, but are just skeezy like that...

heres mine:

THIS IS AN ORIGINAL UNPUBLISHED DRAWING, SUBMITTED FOR YOUR PERSONAL USE IN CONNECTION WITH A PROJECT BEING PLANNED FOR YOU BY <our name>. IT IS AGREED THAT THIS DESIGN IS THE PROPERTY OF <our name> . THIS DRAWING OR ANY PORTION OF THIS DRAWING IS NOT TO BE REPRODUCED OR SHOWN FOR ANY OTHER PURPOSE OTHER THAN THE PROJECT BEING PLANNED BY <our name>.

 

[Rick]

why do i have to put verbage about not stealing my artwork? people don't assume that its acceptable to steal from the grocery store, why would my artwork be different?

Because people assume that since their logo is on it, or the design can not be used for someone else, they figure it is theirs.

Your analogy is flawed, grocery stores take precautionary measures like cameras, security and locked booze cabinets, they are even locking up the Tide to keep people from stealing... a copyright statement is a simple, painless precaution.

 

[Speedsterbeast]

That would be very frustrating.
It's easy for someone to beat your price when you did the artwork for them already.
I would be interested to see what wording you people use on your disclaimer of the work being your property.
I'd like to steal it, so this doesn't happen tp me.

What about using a watermark with your company over the image(s)
This may deter the competition from using it. They may not want to ask the question of where did this work come from, but they can't ignore your logo on the work itself.

 

[thinksigns]

and yes we end up sending him a bill for design work

Did he pay it?

I've been in this position before and figured they wouldn't pay it if I sent it. If I have a legal contract, sure, but not when it is this gray area.
They know I'm not going to sue them and they have already proven they lack integrity.