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how to handle a stolen design

WildWestDesigns

WildWestDesigns

Active Member
bob said:
You don't need disclaimers on the work, signed contracts, or any of that nonsense. All you need is a file on your machine showing the creation date. A screen shot showing both an Explorer window showing the file creation date and a window showing the contents of the file.
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I know quite a few people that can do wonders with computers that can fudge all kinds of information. Nothing replaces a good ole signed and dated contract.
 
signage

signage

New Member
Have you ever explained to your customers that they are not purchasing the artwork but are purchasing a service? With the way the economy is going you will most likely see more of this if you continue to work your way. I am done so good luck. And Bob is correct but it is easier to stop at the front end then fighting to get it! Time is money!
 
Rick

Rick

Certified Enneadecagon Designer
buzzgraphics said:
this is the beauty of owning your own business - you get to do it how YOU want to do it. If it works for you then go with it.

I'm not looking to change my operating procedures (at this time). what I wanted to see was how anyone else may have handled a similar situation. guns blazing or calm zen master. What if I had a contract? How do you handle it then? I don't think it makes a difference. I can call up and be a d*ck or call up and try to turn this into a positive result. I have the leverage here, regardless of contracts, and I wanted some advice about how to use it.
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Problem is you actually do have less leverage without a contract... (http://vimeo.com/22053820)

Okay, so the dude took the design without asking. it could be a simple oversight or outright thievery... no one has an answer for you as to what that is. You know the guy better than us... but with 4 years knowing this guy, cool and calm is the way to go... of course the way I do business, cool and calm is the only way I do things.

Bill the guy, but be cool, like it's expected... because you should be expected to get paid, then take it from there.

This would never happen to me... I cover my arse because I do not allow my clients to dictate how my arse is covered. But I also learned from shops I worked at, some had contracts, some did not, and they accepted the risk of an occasion artwork theft and they let it go.

You need to develop your own policy and process for artwork theft (or the occasional miscommunication)
 
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B

buzzgraphics

New Member
bob said:
You don't need disclaimers on the work, signed contracts, or any of that nonsense. All you need is a file on your machine showing the creation date. A screen shot showing both an Explorer window showing the file creation date and a window showing the contents of the file.

This and a copy of the Berne Convention, available for printing on line, is sufficient for a judgement in small claims court. I know this because it worked for me.

Get a judgement and if they don't pay, put a mechanic's lien on their assets. You local sheriff will be happy to serve the lien.
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amen.
 
Marlene

Marlene

New Member
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?
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yes, it seems like they would know not to steal it but there are shops out there who will not ask a customer where the design came from but most will see and will respect a watermark or a clearly written claim to owership from another shop.
 
GoodPeopleFlags

GoodPeopleFlags

New Member
Watermarks won't keep unscrupulous people from stealing your layouts.

Sure, some long standing customers get a little leeway on designs. I'll throw together a quick 'n' dirty banner layout for them, but nothing creative or elaborate and definitely not a vehicle wrap design.
 
Fanaticus

Fanaticus

New Member
looks like they just did. Now it's up to you on what you want to do about it. Finding out what your legal rights are first seems like a good spot to start. Talk to your attorney. Then decide if it's worth pursuing, financially and emotionally.

I wouldn't say anything to them personally. If they come for more work, decline them. If it's worth pursuing, let the officials do the talking. Maybe he'll pay the bill instead of hassling with being sued and court.

What does your father in law think?
 
Deaton Design

Deaton Design

New Member
I would call whoever did the wrap, and find out where they got the artwork. If they say they created it, then let them know they didnt, and will be responsible for using copyrighted artwork. Then Id call the vehicle owner and let them know you know what they did, and either pay the design fee or face a lawsuit for copyright violations. You cant let them get away with it. If you let them, you might as well let them all. A thief is a thief.
 
Fatboy

Fatboy

New Member
BlueFishDesigns said:
Get a deposit before doing any design work!

If they don't want to put down money before they can see what it's going to look like, show them a portfolio of your work. If they still insist on a proof before money, explain to them why you can't. If they still don't get it, walk away. It's going to be trouble and you'll be better off without them.
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I am starting to learn this more and more as the days go by!
 
Techman

Techman

New Member
argument about changing 20 percent of the design?
Reply With Quote
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IS a bullscat argument. The test is not a 20% change. The test is if it a reasonable person thinks they are alike.
 
lexsigns

lexsigns

New Member
Sorry to hear about this- I was Bul S&*(^ l when this happened to me so after my learning experience...
1. ALL my design files ar password protected- Signlab and Corel will do this. They cannot be printed or edited. Basically only looked at.
2. This is a screenshot of my design sheet
It is then again stated on estimstes and emails... They cant saythe didnt know. AND if you feel you need the protection (have not used yet) http://myows.com/
get a free act and upload a copy of your designs its dated and automatically copyrights your work shpoould you want to fight someone later....



good luck and feel free to copy my sheet... people do know better- an architect wouldnt design you a house without a contract and deposit.
You cant even call a lwyer without a retainer-
BTW when I tell people there is an upfront design charge and need a deposit- the ones who get gun shy are the ones I dont want ...;)
 

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TyrantDesigner

TyrantDesigner

Art! Hot and fresh.
I read these posts and I always laugh. I think in the past year there has been about 15 of these posts.

First question is do you even have a proof policy you send out with your proof stating the design is yours until fully paid for? do you even have contracts for your customer? do you even have forms to sign off your design rights to if they want the design to be all theirs?

heck, did you even get an art fee?

if the question to all that is 'well ... no." ... you don't really have any recourse other than to call him tell him that isn't cool and that next time he wants design work done you will need to charge him an art fee. ... also send out the paperwork this time.

Sorry, just the breaks ... also never cut deals with family, friends and/or friends of family ... always ends bad ... they want to do business with you they are a customer not your (brother, sister, uncle, cousin, nephew, friend, bff, friend of your family, midget you keep in your closet, homeless guy you give change to in the back alley, etc)
 
TyrantDesigner

TyrantDesigner

Art! Hot and fresh.
lexsigns said:
Sorry to hear about this- I was Bul S&*(^ l when this happened to me so after my learning experience...
1. ALL my design files ar password protected- Signlab and Corel will do this. They cannot be printed or edited. Basically only looked at.
2. This is a screenshot of my design sheet
It is then again stated on estimstes and emails... They cant saythe didnt know. AND if you feel you need the protection (have not used yet) http://myows.com/
get a free act and upload a copy of your designs its dated and automatically copyrights your work shpoould you want to fight someone later....



good luck and feel free to copy my sheet... people do know better- an architect wouldnt design you a house without a contract and deposit.
You cant even call a lwyer without a retainer-
BTW when I tell people there is an upfront design charge and need a deposit- the ones who get gun shy are the ones I dont want ...;)
Click to expand...

oh and myows.com is awesome.
 
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