So, if I have the legal clause stating the what is being purchased is the sign and that rights for other uses can be purchased with all the details on my work order, customer signs it and then starts using my design on tee shirts and having another shop make signs with my design, what could I do about it? Hiring a lawyer might cost far more than I'd ever get.
Posted by Glenn Taylor (Member # 162) on :
I would consult with an attorney and see what he says. Consultations are usually free.
Posted by Preston McCall (Member # 351) on :
Got to find an Intellectual Property attorney who will send a deman letter to either pay up, or cease and desist.
You might be able to find some boilerplate on the internet, but the return address from an attorney is stronger.
Posted by Sherye Bergmann (Member # 3067) on :
Yes, I believe the term would be copyright infrigement. When someone uses your design without paying you for the the use of it or getting your permission to use it for a specific purpose. You would think it's not worth pursuing until the company you did the design for suddenly becomes very successful and does so with brand recognition - which is what you created for them - then it can become worth pursuing. Or when another sign company gets a great account making signs for your client using a design they don't have permission to use. Ultimately, a judge will look at the design to determine whether or not it really displays the unique factors that would deem it to be an exclusive copyright but more often than not, they do rule in the designer's favor. I did pay a trademark and patent attorney several years ago for an extended consulatation so I could get some of the facts straight. Everything my clients see on paper bears a disclaimer of ownership so they are very well aware of what they can and can't do with it. Fortunately, I haven't had too much to deal with in that area. Just make sure you make them aware of the fact that you OWN the rights to that design, and that they can purshase the rights of ownership from you.
Posted by Frank Magoo (Member # 3950) on :
Rick;
Have you by chance spoke to customer on this? Sometimes they just don't know...I'd say go that route before engaging an attorney, you might also get ahold of Kristy, our mutual friend up there, Nat Quick should be very well versed on that subject and have some alternative solutions...
Me? I'd inquire and if I received negative results, I'd consult Broken Kneecap Inc...j/k Posted by Glenn Taylor (Member # 162) on :
Posted by Kissymatina (Member # 2028) on :
Rick, I would suggest contacting a copyright lawyer, make sure they specialize in that. I found 2 in PA outside of Philly, the rest of intellectual property lawyers only handled patents.
Glenn, just so you know I'm printing that & hanging it in my shop!
Posted by Si Allen (Member # 420) on :
Yup!
Vinny and Guido are very good persuaders!
Posted by Doug Allan (Member # 2247) on :
start by sending the invoice.
Posted by Preston McCall (Member # 351) on :
Frank Magoo has the best, first line response, after thinking about it. Try talking to the client and try selling him more work, first. They probably think since they had you design it and agreed to pay you, they own all of it.
I do have Baseball-Bat Bruce's number who is pretty reasonable in getting collections. Just kidding. I only use him for really big ones.
Posted by John Arnott (Member # 215) on :
Rick, This has happened to me several times. I send an invoice and let them know again that it will come with a digital and a printed file. This seems to work. All my drawings have a note on it about this.
Posted by Keith Jenicek (Member # 11121) on :
LOL...Love it, Glen. I am having the same issue here in Saint Louis. My client bought the design for their logo and I worked up a design for their sign, which had the elements of their logo with a lot more design componenets. All of our designs have a clause at the bottom stating that "any use in whole or part without the written consent of Artisan Signs is a violation of copywrite laws and is subject to financial compensation". To my amazement, a couple of months later, I saw my design hanging on their building! Fortunately for me, not only did they copy my design to the "T", they copied my color scheme. I am in the process of working with a lawer who works with intellectual property. If you are in the STL area and need a good one, I can provide his name for you.
P.S. If you wish to view the sign, please visit our website and look for the Dimensional Sign - BitterSweet Bakery.
Posted by Keith Jenicek (Member # 11121) on :
Sorry, here is the link...www.Artisan-Signs.net
Posted by Rick Chavez (Member # 2146) on :
You might have to sign up to view this, but this sign guy won in court over stolen designs and he gives detailed info on it here...
Assume it's an innocent mistake and make a friendly call first - start with the sugar before you try the vinegar......
Posted by Sonny Franks (Member # 588) on :
But if that fails, you can probably go after a one-time design fee in small claims court without hiring a lawyer......
Posted by Bill Lynch (Member # 3815) on :
Doesn't sound like an innocent mistake to me...they're using another sign company. If they had done some shirts and letterheads that would be one thing, but they went eleswhere for the sign so I wouldn't view them as a current client, but as a former one. A phone call couldn't hurt, but an invoice with cover letter explaining copyright law would be appropriate. After that if you want to pursue it a lawyer may be needed.
Posted by Sonny Franks (Member # 588) on :
Bill, I agree - I should've said PRETEND it's an innocent mistake. One of the lessons from Dale Carnegie is give your adversary some wiggle room to save face - if you box him into a corner, he has no choice but defense.
(but I say after you've given him a chance and he doesn't do the right thing, NAIL HIS BUTT TO THE WALL.....)
Posted by Joe Crumley (Member # 2307) on :
Here's a qulifyer.
Lets say you file a law suit and win. The judgement which the judge will assign may not be worh the hassel. Assigned penalties are generaly associated with proven damages or loss of income.
Professor Franks suggestion of small claims court seems correct. But documention of repeated writen attemps to collect would be a good option.
On the other hand, I've never been in this situation. So forget all the afore mentioned.
Posted by jack wills (Member # 521) on :
Brother Rick, this is right up my alley. I have well oiled tools that may be used for retribution of said disuse of others goods. I can amortize such individuals to imediate dispersion.
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