Your proof should never be editable or useful in anyway. When I used to proof signs I would shrink everything down to fit on an 8.5"x11" sheet, rasterize all vectors to 72dpi and save the file as a non-editable PDF. This way if they try to blow it up to the correct size, it will look horrible but it shows up fine on their screen. Also, in your email or on the hard copy of the proof, always state that this is a confidential proof and that the design belongs to you unless specifically released by you to the customer
I think this is a good policy.
Make it difficult for people to pirate your work. If it's time-consuming to pirate, many will not bother.
Does anyone use watermarks? The clipart companies do.
Of course, nothing is foolproof, or pirate-proof.
I remember a shop that had a note on their sketches similar to this:
This design and drawing remains the property of XYZ Sign Company and may not be duplicated in any form whatsoever without written permission.
This design and the rights to reproduce it may be purchased separately in consideration of $____________.00
...........
For a work of authorship to have copyright protection, it simply needs to be in some tangible form. It doesn't have to be printed, but it must be in a fixed form. It can be a digital file.
But before you can sue for copyright infringement, the work has to be registered with the US Copyright Office. It's not enough just to send in the 45 dollars and the paperwork. You actually must have the registration before you can file an infringement lawsuit. And it must be in federal court. If the infringement takes place before you file for registration, you can file within three months of the infringement. Here's a link:
http://copyright.gov/fls/sl09.pdf
That is assuming, of course, that a sign design or layout will qualify for copyright registration. There's no guarantee that it will.
That does not mean I can't claim copyright protection when trying to collect, even if I don't know whether registration would be granted.
What about small claims court?
Well, if someone stiffs you for work that they were supposed to pay for, do you not have the right to take them before a judge? You don't need a lawyer for small claims court. You will use up a day or a half day and have a learning experience.
When I used small claims in Illinois, I was careful to document everything, dating it all.
I used small claims to get paid for sign work, not design work. But I would take the same steps in trying to get paid for design work. When did the client contact me? When did I produce the design on approval? Was it clear to the client that the design was mine till they bought it? When did they hire someone else to use my design? When did I bill them for the design work? When did I send past due notices? When did I try to make a collection, either by phone or in person? When did I send a final notice threatening to take them to court? I would have all this written down to show the judge.
In Illinois, I paid a filing fee and a sheriff's fee (to serve the summons).
Of course, to sue someone to get paid for design work is not an "infringement lawsuit." It is suing someone to get paid for your labor or your product. Tradesmen and store owners do this. I knew a store owner that filed more than one at a time to make his effort more worth it.
Brad
