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I have noticed a few posts the last few weeks pertaining to customers peddling bids to other sign companies and using your designs with no compensation to you. This can happen everytime you give a customer your rough or detailed drawing to work with, and it is hard to sell an idea without using this factor......Having dealt with copywright laws for years, I realized that a simple copywright, which could cost you zip, could be your protection even on your rough draft or sketch. If it has unusual features that can be distinguished easily from other's, and it is your artistic impression then I'm sure that it is copywrightable as much so as a book, an archetectural drawing, a piece of music, a sketch of a sculpture, etc. For legal copywright, considering that the form is copywrightable (Original in artform and composition) all you have to do is: Sign your name, and follow it with copywright symbol ( c enclosed by a circle) followed by the year......You can also paste a disclaimer of copywright which will explain your rights to your customer. In most cases this should assure that your work will not be peddled to your competition, which is the most important, but should also give you the legal protection that you need. This can even be done using some added clipart to which you have legal license to use as long as you are in compliance with the license. This will also give you a little more credible look to your client...... Cheers, Bronzeo
------------------ Jack Davis 1410 Main St Joplin, MO 64801 www.imagemakerart.com bronzeo@prodigy.net http://www.imagemakerart.com
Posts: 1549 | From: Joplin, MO | Registered: Mar 2000
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Your absolutly right Bronzo, I've had beautiful designs STOLEN from the customer, who shopped them to other shops. You can send them a bill and hope they pay. I also put the copyright symbol and a disclaimer that says "No part of this origanal artwork may be used without the express written consent of Creative Signs". Sometimes they will cut off that portion of the sketch so I put it right on the sign in the drawing. And try not to leave it with them either. I'm a trusting person usually, but you have to cover yourself.
------------------ Robert Thomas Creative Signs In Beautiful Naples, Fl.
Posts: 965 | From: Bonita Springs, Florida USA | Registered: Feb 2000
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Robert, According to Copywright Law, removing a copywright will net them by far the strongest penalty. If a person knowingly removes a copywright, he is considered to be in blatent violation, can cost him the price of the work, up to 20,000 in punitive damages, and up to 5 years incarserated. It is the only offense that includes jail time. An outlined disclaimer like this in small print below the copyright should detour all but the real idiots....Bronzeo
------------------ Jack Davis 1410 Main St Joplin, MO 64801 www.imagemakerart.com bronzeo@prodigy.net http://www.imagemakerart.com
Posts: 1549 | From: Joplin, MO | Registered: Mar 2000
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Bronzeo...you're right on the copyright thing. All work is automatically protected by U.S. Copyright laws. But, the problem is really what are you going to do about it? A copyright violation is a civil crime, not a criminal offense. By the time you take somebody to court, prove how much you've been damaged and then try to collect if you win, you still lose. The system is rigged for those who don't follow the law. We've all had our sketches stolen and it is very frustrating to say the least. We lost a bid after designing a "Chicken Delight" logo. Our competition changed the color of our chickens neckerchief and when I called him about stealing our artwork he said that the law wasn't broken because his artwork was 10 or 20% different than mine. It was a $3500.00 job and even though we lost that job, we were smiling in the end because the client never paid our competition for his work. So, even though you seldom get justice from the justice system, there is justice to be had. You just never know where it's coming from.
------------------ Louis A. Lazarus Milt's Sign Service, Inc. 20 So. Linden Ave. #5B 650-588-0490 fontking1a@aol.com
Posts: 560 | From: El Granada, CA | Registered: Apr 1999
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Your right font king, what comes around......Also expensive to prosecute, but it will eliminate a majority from trying it. If they remove the copyright, which in many cases they would have to do, then I believe it becomes a misdemeanor (I will have to check that out), or their would not be a jail penalty involved, which I'm sure their is, as I have all the U.S. statutes here at hand. The expense is certainly there, unless you have something big enough to get a attourney to take a contingent basis case. If you should have design the KFC logo and it got stolen and your copywright was stolen, "Katy bar the door". It is so simple to use and it is your only protection this side of a hit man. Bronzeo
------------------ Jack Davis 1410 Main St Joplin, MO 64801 www.imagemakerart.com bronzeo@prodigy.net http://www.imagemakerart.com
Posts: 1549 | From: Joplin, MO | Registered: Mar 2000
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What about putting your copyrite notice very large across the entire drawing. You could put it in a lighter transparency of the original so that it blends in better but make it so that no one could rip it off and have the entire drawing left or take it out without extensive photoshop knowledge
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Sarah, Actually the idea is quite good, but I would maybe use the word SAMPLE or PROOF across the drawing and the copywright notice at the bottom. A half tone might not be considered fair notice by the courts, even though it is quite obvious. You could make a file up and paste it on top of your drawing when you are ready to save a final draft. The copywright I would sign off in pen to look more legal, although it isn't. Bronzeo....
------------------ Jack Davis 1410 Main St Joplin, MO 64801 www.imagemakerart.com bronzeo@prodigy.net http://www.imagemakerart.com
Posts: 1549 | From: Joplin, MO | Registered: Mar 2000
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The graphic designer yields his reproduction rights against the payment of fees. But this transfer does not carry, it even, without agreement of the author, authorization to adapt work . Indeed, the total transfer of the reproduction right is limited to the modes of exploitation of the image envisaged to the contract. So it may find it beneficial to clearly define the conditions of operating of the reproduction rights yielded to the customer.
Long time ago I designed a poster for a driving school and had written in the contract that they must contact me before using the design for any other work. They had a batch of folders done. They didn't contact me, I went to my attorney and got a payment in full minus a small fee for the attorney. I realise I was lucky and had a good attorney.
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