Monday of this week I saw a logo that I had designed on a vehicle that I didn't do. I had also seen some screenprinted signs around with the logo on it and the name changed (a derivative) but had decided to let it slide until I saw the vehicle. I wrote him a letter 'splaining my rights under copyright law. I demanded a $500 design fee and for him to cease and desist using my intellectual property at once until the design fee had been paid. I sent it certified mail, return receipt requested. He called me this morning. He's coming in Monday with a $500 check. Posted by William Holohan (Member # 2514) on :
I love it! I just love it...
Posted by Michael Boone (Member # 308) on :
why didnt you get paid that amount when you did the job?
Posted by Ricky Jackson (Member # 5082) on :
He works for Frito Lay, my biggest customer. He came in (about 7 years ago) and wanted me to help him out. He was just starting a new company on a shoestring but he wanted his signs to look good. Since he worked for Frito Lay, I told him I'd let him use the design without charge for as long as he came to me for his signs. I explained that if he ever decided to use someone else, he would have to pay me for his logo. He called me a couple of months ago wanting a price on some screenprinted signs. I never heard back and didn't follow up. Then I saw his new signs on the roadside. ****ed me off but I never got around to calling him and just let it go. When I saw it on the vehicle, it pushed me over the edge. We have "offensive rights" when it comes to our copyrights; that's why companies like Disney will sue their own grandmother (or daycare centers) for putting Winnie the Pooh on the wall.
Posted by The Moon (Member # 452) on :
Way to go Rick!
The lovin' Kharma side of the Moon
Posted by Curtis hammond (Member # 2170) on :
just how cheap can they be???
you give them a deal,, and they find a way to get even cheaper and screw the giver too.
Posted by old paint (Member # 549) on :
just remember the gun deal rickie did with CANADA!!!!!!!!!!!!!)))))))))) rick take off the label on youre forhead.....STICK IT TO ME!!!!!! i honestly think you need to just call the guy....tell him either fess up or you will get the mounties after him)))))))))))))))
Posted by Ricky Jackson (Member # 5082) on :
quote:Originally posted by old paint: just remember the gun deal rickie did with CANADA!!!!!!!!!!!!!)))))))))) rick take off the label on youre forhead.....STICK IT TO ME!!!!!! i honestly think you need to just call the guy....tell him either fess up or you will get the mounties after him)))))))))))))))
I know you can't read so I don't expect you to know what's going on. I'll have Uncle Krusty call you, LOL.
Posted by Stephen Deveau (Member # 1305) on :
Dear Mr Jackson.
I liked your design very much but I will not be using it at the moment.
Sometime in the future I shall steal it and bring it forth as my Logo and Letterhead Graphics!
I hope you don't mind if I do this to promote my business.
I understand that you are an Artist and like to see you work displayed,
So therefor I will give credit to you for the piece you have provided without charging myself.
In the future may I F---Y-- Again in payment on the next project!
Signed Your REAL FRIEND and BUDDY!
Posted by Craig Sjoquist (Member # 4684) on :
your deal makes me wonder I lettered a 4x8 many years a go, well came back and repainted sign with copy change the next week a auto dealer a block away did same design, with little color change, same copy, same layout .... does that give some rights I took pictures but the car dealer is not rich
13 folds
Posted by Barb Shuster (Member # 7924) on :
Way to go Ricky! I will remember this in case we ever run into this situation. Being nice is great...being ripped off is not. Posted by Ricky Jackson (Member # 5082) on :
Craig, it would have to be a "material change". Just changing a color don't mean squat. He ripped you off plain and simple.
Posted by bruce ward (Member # 1289) on :
one thing that was funny was this started 7 years agao. isnt that the way it is. the more time oyu spend with a client on stuff the more likely your not going to do the job. so typical.
I'm sorry this happened. its not the money either it hurts your feelings and pride. people dont care any more. how many times do we walk around and wonder why a company lets up do the office door lettering and then calls another company to do the $5000 sign outside, and this if after we give them a brochure explaining all we do.
As far as design fees, i don't know anyone around here that charges for that, I don't. I have a small disclaimer at the bottom that says what i will do if you take my art. design fee will be charge if you do not use me but decide to use the logo.
Posted by Mike Pipes (Member # 1573) on :
FYI if you retain copyright on your work and you register it with the US Copyright office, and someone uses your art without permission, statutory damages awarded may be up to $30,000. Furthermore if that infringement comes from a sketch you provided to the customer, either electronic or printed, and your copyright notice is also printed on that sketch, and you register it with the copyright office, that infringement is deemed intentional and damages may be up to $150,000.
When you show up in front of the judge with proof of the infringement and your copyright paperwork in place, it's a slam dunk.
If you haven't registered your work with the copyright office the most you'll get is compensatory damages which is basically whatever you would have received for the particular job.
In other words, register your work for copyright.
Posted by Sonny Franks (Member # 588) on :
Way to go Ricky - btw, love the title of the post.....
Posted by Stephen Deveau (Member # 1305) on :
Rick...
Mike Pipes.. is so right on this topic. Listen and learn about what you have to cover on design work.
We go through the troubles of creating it for the customer and they think it is a breeze! And all this work is FREE!
Sorry to the Customer... But from the minute he calls me, until the end design. He is going to be bild.
He will have no legal ownership of image until it is paid for.
Posted by Mike Pipes (Member # 1573) on :
The best part is, registering for copyright is easy and inexpensive, and it's soon to get even easier when the copyright office unveils the online registration service they've been working on.
Posted by Curtis hammond (Member # 2170) on :
you are not required to register every piece. You register it just before you attack when you want to anihilate someone who stole your art..
[ August 06, 2007, 02:34 PM: Message edited by: Curtis hammond ]
Posted by Mike Pipes (Member # 1573) on :
quote:Originally posted by Curtis hammond: you are not required to register every piece. You register it just before you attack when you want to anihilate someone who stole your art..
I've heard this many times and have heard you can register within 90 days after an infringement, but it goes against what the Library of Congress states on their website:
In general, copyright registration is a legal formality intended to make a public record of the basic facts of a particular copyright. However, registration is not a condition of copyright protection. Even though registration is not a requirement for protection, the copyright law provides several inducements or advantages to encourage copyright owners to make registration. Among these advantages are the following:
Registration establishes a public record of the copyright claim. Before an infringement suit may be filed in court, registration is necessary for works of U.S. origin. If made before or within 5 years of publication, registration will establish prima facie evidence in court of the validity of the copyright and of the facts stated in the certificate. If registration is made within 3 months after publication of the work or prior to an infringement of the work, statutory damages and attorney's fees will be available to the copyright owner in court actions. Otherwise, only an award of actual damages and profits is available to the copyright owner. Registration allows the owner of the copyright to record the registration with the U. S. Customs Service for protection against the importation of infringing copies. For additional information, go to the U.S. Customs and Border Protection website at www.cbp.gov/xp/cgov/import. Click on “Intellectual Property Rights.” Registration may be made at any time within the life of the copyright. Unlike the law before 1978, when a work has been registered in unpublished form, it is not necessary to make another registration when the work becomes published, although the copyright owner may register the published edition, if desired.
Posted by Curtis hammond (Member # 2170) on :
cool..
Posted by Miles Cullinane (Member # 980) on :
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