posted
I get a thing from Signcraft about copywrited material, blab blab blab. Now if a customer sends you a EPS, AI, CorelDraw, or High Res JPEG of their sign/logo, doesn't that mean they own the artwork and it can be reproduced by anyone the customer hires? Even if somewhere on the file it reads that the artwork is not be be reproduced by anyone else? And what if the cusomer says, they didn't like their experience with the last sign shop they delt with? I thought that if a cusomer buys the logo, they can have it reproduced by anyone they want.
-------------------- Signs by Alicia Jennings (Mudflap Girl) Tacoma, WA Since 1987 Have Lipstick, will travel. Posts: 3812 | From: Tacoma, WA. U.S.A. | Registered: Dec 1999
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Gee Ali, do you think that just because they have possession of a graphic image...that they own it? You can do just about anything with a cell phone these days but that doesn't grant ownership. Maybe you should see a receipt. Jer/Turlock
-------------------- Gerald Barlow Artworx Turlock, CA
95380 artworx@bigvalley.net Posts: 198 | From: Turlock, CA 95380, USA | Registered: Dec 2002
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It's been my experience that in almost every case where a customer wasn't happy with the signshop they last worked with, it turns out that the reason is that they weren't happy with the price...and no other reasons.
Hey...I hate Corvettes and Farraris because they cost too much. Posts: 4084 | From: ... | Registered: Nov 1998
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When I'm given a piece of artwork to reproduce on a sign, I assume the client has the right to reproduce it. I don't ask for proof they own it. Policing intellectual property is not part of my job. However, we have more than once produced sign work where a customer has given us artwork that infringed a trademark and they got in trouble. In each case, no one bothered us about the infringement. The customers were threatened with legal action directly by the trademark owners (cease and desist letters). The customers then came back to us to remake the signs. In one case, a customer's second design was also an infringement and we ended up building channel letters for his several stores three times!
If I am given artwork that has a watermark stamp that reads "Shutterstock," or something similar, it means they pirated it off the internet and it's probably too low-rez to reproduce well, anyway. In which case I simply ask, "Did you already buy the full size picture or do you want us to buy it for you? What is more convenient for you?" If they can't give me a part number for the photo, I ask them to buy it themselves and email it to us, or let me buy something similar. I try to avoid a time-consuming search for the exact photo.
Sometimes someone will give me what is obviously clipart and want it made into their "logo." I explain that I'm happy to put the picture on their sign work, but to be aware that they won't really own the artwork. It will always be available to anyone else that wants to use it for their "logo" too. Their "logo" will not have any legal protection. If they say use it anyway, I use it anyway. As far as I'm concerned, I'm just putting a piece of clipart on a sign. It's not really a logo.
Last week a lady picked out a piece of clipart for her massage business. She asked about registering it as a trademark. I told her that the application might not be approved and she might be wasting her money. The US Patent & Trademark Office does a standard trademark search as part of their approval process, and if they find the artwork somewhere in a clipart collection, they will not approve the application and she will have wasted a chunk of time and money. She just had me change the artwork's color and put it on her signs. Though this will probably never be a problem for her, technically you're not supposed to use clipart as part of a logo design. Most clipart providers specifically forbid it in their usage guidelines.
When I am asked to design a logo, I NEVER use clipart. Besides, why would I need to? I'm a artist already, ain't I?
-------------------- Brad Ferguson See More Signs 7931 Wornall Rd Kansas City, MO 64111 signbrad@yahoo.com 816-739-7316 Posts: 1230 | From: Kansas City, MO, USA | Registered: Nov 1998
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It can get a little fuzzy, fluffy sometimes. Kinda like in the music business. I don't know how many times a customer has shown me a logo they like and want their logo/lettering to have the same look. "Can you it look like the Monster drink logo?" I usually say, Yes, but I can even do better than that" And then of course there are the Sport's logo that guys want. I tell them they can find that stuff cheaper online, even on EBay.
-------------------- Signs by Alicia Jennings (Mudflap Girl) Tacoma, WA Since 1987 Have Lipstick, will travel. Posts: 3812 | From: Tacoma, WA. U.S.A. | Registered: Dec 1999
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Here's the part of the terms on my estimates that address this issue.
Customer warrants that he/she is owner of artwork/logos or has permission from owner of artwork/logo for it's use. Customer is responsible for any copyright issues that may arise from use of artwork.
Although, I usually discuss it with the client, tell them the type of file I prefer & that it should be on the cd they received from whoever designed their logo. Good way to start the conversation about whether they bought a logo or not. As for brand logos, I tell them it should be available to them as reps for the manufacturer & suggest looking into co-op $ while looking for the files.
-------------------- Chris Welker Wildfire Signs Indiana, Pa Posts: 4254 | From: Indiana, PA | Registered: Mar 2001
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My favorite...lady came in with a photograph she had taken of the original designer's monitor. Apparently he/she either had a customer at the door or had to go to the bathroom...then, snap. Then told me that she owned the logo but that was the only copy she had of it.
Of course, gave her Old Paint Joe's number to do her sign, but don't know if she called him.
And Art Linkletter thought that it was the KIDS that did the darndest things!
Posts: 4084 | From: ... | Registered: Nov 1998
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quote: Customer warrants that he/she is owner of artwork/logos or has permission from owner of artwork/logo for it's use. Customer is responsible for any copyright issues that may arise from use of artwork
I think this disclaimer idea is excellent. I will probably add the wording 'copyright or trademark issues' to the disclaimer, or maybe just, 'legal issues.' Although copyright and trademark protection can overlap at times, infringement of a logo will usually be a trademark issue. Incidentally, trademark protection is wider in scope than copyright protection, it can last longer, and the penalties are greater.
-------------------- Brad Ferguson See More Signs 7931 Wornall Rd Kansas City, MO 64111 signbrad@yahoo.com 816-739-7316 Posts: 1230 | From: Kansas City, MO, USA | Registered: Nov 1998
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