posted
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.
-------------------- The SignShop Mendocino, California
Making the simple complicated is commonplace; making the complicated simple, awesomely simple, that's creativity. — Charles Mingus Posts: 6724 | From: Mendocino, CA. USA | Registered: Nov 1998
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posted
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.
-------------------- Preston McCall 112 Rim Road Santa Fe, New Mexico 87501 text: 5056607370 Posts: 1554 | From: Santa Fe, New Mexico | Registered: Nov 1998
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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.
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
-------------------- Frank Magoo, Magoo's-Las Vegas; fmagoo@netzero.com "the only easy day was yesterday" Posts: 2365 | From: Las Vegas, Nv. | Registered: Jun 2003
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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!
-------------------- Chris Welker Wildfire Signs Indiana, Pa Posts: 4254 | From: Indiana, PA | Registered: Mar 2001
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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.
-------------------- Preston McCall 112 Rim Road Santa Fe, New Mexico 87501 text: 5056607370 Posts: 1554 | From: Santa Fe, New Mexico | Registered: Nov 1998
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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.
-------------------- John Arnott El Cajon CA 619 596-9989 signgraphics1@aol.com http://www.signgraphics1.com Posts: 1443 | From: El Cajon CA usa | Registered: Dec 1998
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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.
-------------------- Keith Jenicek Artisan Signs St. Louis, MO
posted
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
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.....)
-------------------- www.signcreations.net Sonny Franks Lilburn, GA 770-923-9933 Posts: 4115 | From: Lilburn, GA USA | Registered: Feb 1999
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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.
-------------------- Joe Crumley Norman Sign Company 2200 Research Park Blvd. Norman, OK 73069 Posts: 1428 | From: 2200 Research Park Blvd. | Registered: Sep 2001
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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.
Call CrazyJack Closures...
-------------------- Jack Wills Studio Design Works 1465 E.Hidalgo Circle Nye Beach / Newport, OR Posts: 2914 | From: Rocklin, CA. USA | Registered: Dec 1998
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