Protecting your artwork

[Pixels Are Bad Mmmkay?]

Interesting story on MSN regarding Toronto sign.

http://www.msn.com/en-ca/news/canada/toronto-sign-subject-of-new-lawsuit/ar-BBrl6NC?li=AAggv0m

Wow. The kerning on that sign is H OR RIB LE.

 

[TyrantDesigner]

The only way to protect your work from being copied ... is to not give the customer something to shop around with. Cease and desist orders only go so far ... and art theft lawsuits cost a small fortune.

A while back, I had a cast metal sculpture that someone copied, turned into a hood element and made many many copies of ... I looked into a lawyer about suing the guy ... and I had a pretty strong case. The lawyer could have gotten me some serious cash/assets from the guy ... but it required a $20k retainer to start and he said it would probably take about 4 to 5 years just to get anything out of it ... But I could definitely hit pay dirt.

Long story short, I sent a cease and desist and a bill for licensing my work instead ... he paid out for it and I moved on with my life ... not without a threat or two against my health. But really, it is a hard and costly battle if you actually want to fight it ... and you never win.

Either do work that can't be copied easily or exactly because it's that good ... or expect to never give art to customers .. or just realize your stuff will eventually get ganked by someone shopping around and used without reimbursement on your end. It happens, it sucks ... I had one summer when I realized that a ton of my customers were going to a guy in town who was doing graphics for half the cost ... and 1/10th the quality ... with my designs. Wished them luck, told the ones that wanted the files what the cost of a file transfer is and moved on my life. Some came back once they found out how much of a hack he was, some kept on going to the cheap guy ... either way, no skin off my back.

 

[ams]

Here, they allow for a "repo clause", some states though require that you state it as a "repo" and not something more colorful, say "emergency repair". That's what tends to get people.

Here it just has to state somewhere on the paperwork, that repossession can occur.

 

[WildWestDesigns]

Here it just has to state somewhere on the paperwork, that repossession can occur.

That's the way it is here. The key thing is that it has to say "repossession".

I've noticed that on some client's emails they will say something like "If balance of payment is not remitted within XX days, the item may be taken down for emergency repairs until balance is paid in full".

Saying "emergency repairs" instead of "repossession" here, will legally null and void the contract. Again, that's just the legal aspect. Rather or not "you" still get away with it or do a repossession with it in any documentation is something else entirely.

 

[ams]

That's the way it is here. The key thing is that it has to say "repossession".

I've noticed that on some client's emails they will say something like "If balance of payment is not remitted within XX days, the item may be taken down for emergency repairs until balance is paid in full".

Saying "emergency repairs" instead of "repossession" here, will legally null and void the contract. Again, that's just the legal aspect. Rather or not "you" still get away with it or do a repossession with it in any documentation is something else entirely.

Why would someone say Emergency Repairs? That is just stupid. What are they repairing? Did they do the repairs to the sign after it was paid? Repairs generally mean to leave the product onsite and just repair it. Wow........
Repossession only means one thing, take it by force.

 

[WildWestDesigns]

Why would someone say Emergency Repairs?

This is just me speculating, but the only thing that I can think of is that they are trying to avoid such "forceful" language that comes with saying "repossession". There isn't any good connotation that is associated with "repossession". Again, this is just me speculating.

 

[visual800]

this has happened to me. You contact them and tell them that is your design and you need to be compensated for that or you will have to take it to the next level.....usually in the past they have paid. if they dont pay I would bash them on every social media site until they do pay, and yes they will pay. People do not like humiliation
Small claims court will get you nowhere and attorney is a waste of time in this situation

Always keep in mind when customers share art they always cut off who and where the art comes from, in most cases so dont go blaming the other sign company. we always send low res jpegs with a dislaimer on the art...like it matters

 

[ams]

this has happened to me. You contact them and tell them that is your design and you need to be compensated for that or you will have to take it to the next level.....usually in the past they have paid. if they dont pay I would bash them on every social media site until they do pay, and yes they will pay. People do not like humiliation
Small claims court will get you nowhere and attorney is a waste of time in this situation

Always keep in mind when customers share art they always cut off who and where the art comes from, in most cases so dont go blaming the other sign company. we always send low res jpegs with a dislaimer on the art...like it matters

The downfall to bashing them on social media is that they can counteract with "Slander". Which you will be sued for.

 

[WildWestDesigns]

The downfall to bashing them on social media is that they can counteract with "Slander". Which you will be sued for.

Maybe, maybe not.


They have to prove that the statements were untrue and when you were making the statements, you knew them to be untrue.

Also, I might be mistaken, but slander is spoken and libel is written. All the social media sites that I'm aware of involve typing, so I would imagine that it would be libel. But I'm easily confused on such things.

 

[TXFB.INS]

If someone wants to steal, they will do just that.


we use the following steps when proofing.

via E-mail the there is a disclaimer in the body that states
This email and /or attachments may not be forwarded, printed, scanned or altered in any way without written permission of the sender. All artwork / designs / layouts are copyrighted and the property of XXXXXXXX.

The proofs are always sent LOW RES jpg and SMALL in file size

• all that a proof needs to do is verify the layout / wording
  • If they want to see the colors then they come to the office and see the color chart
• place a watermark over the proof, we do our watermark in full color so it is harder to separate
  • https://www.uconomix.com/Products/uMark/images/watermark-tilling.jpg
• also in the proof is a header with the company contact information and a footer that says
  • ALL ARTWORK/DESIGNS/LAYOUTS CREATED ARE COPYRIGHTED AND IS THE PROPERTY OF XXXXXXXXXXXX UNTIL SAID COPYRIGHTS ARE PURCHASED BY THE CUSTOMER & RELEASED FOR USAGE.

and even with these steps we have designs stolen, have seen more than once the proof we send used on signs and sometimes they even leave the watermark on there when it is produced.

always and I mean always get a deposit or a credit card BEFORE the proofs are sent and if they go else where they are charged for the design time