Artist > Copyrights/Trade Marks info/questions

ownership of art

(1/1)

virgil427:
The other week i had a new customer ask for some art samples,they want to change printers and logos, so i didn't question came back put some stuff together took it back the owner wasn't there so i left the samples,my mistake, they liked three of the designs alot. Now when ever i see this nice lady she ducks me becuase somebody else is printing my designs! So other than watermarks what can a small operator do to legally protect IT ownership and yes i was wearing my tinfiol hat so they couldn't read my thoughts

Frog:
1. Never do a thing until at least partial payment is made.

2. Watermarks and very low resolution proofs.

We have probably all been burned. The difference is how many times before one learns.

Now, perhaps our resident prosecutorial aide Dan can give advice as to what to do after the fact.

Dottonedan:

--- Quote from: Frog on April 17, 2011, 05:11:42 PM ---1. Never do a thing until at least partial payment is made.

2. Watermarks and very low resolution proofs.

We have probably all been burned. The difference is how many times before one learns.

Now, perhaps our resident prosecutorial aide Dan can give advice as to what to do after the fact.

--- End quote ---



Hahah @ Frog.
All extremely good information from Frog. Keep those printed and hung on your wall.

Man, Virg, I hate to hear that!
You know, people can't stand confrontation, me included. So I first suggest what is called a "soft opening". People get in their heads some crazy things sometimes and rather than talk about the issues friendly and openly, they resort to other more drastic methods.

Often times, the first thing you can do is just send a friendly email. Make it short and to the point (but very very friendly). The more lingering detail you provide, the more people read "other" things into it. (I know from experience). LOL. You've already expressed that you get the idea she is dodging you. That indicates she is well aware of what she did. That helps give you a leg up on the situation.  In your email, you point out that you are aware she has taken that business to another printer but you still want the opportunity to handle that business for her and are willing to negotiate the options available to us both.  See example. You may copy and past all or part if you like.

Hello ___________
How have you been? I know you're a very busy person and I would like to not hold you up long. To get to the point, I am interested in being able to have a sit down with you to discuss options for printing your product and being of assistance with your apparel needs. I am sure we can find a perfect fit for us to partner.

I am aware that you have recently proceeded with some print production consisting of art that is strikingly similar to my own copyrighted material that I had left behind at your office for review. It's possible that this was an oversight and due to some art ownership/copyright confusions. If so, I'm sure you would like the opportunity to work something out. Perhaps we can discuss your buying the art out right or you may consider continuing to use my art with my company providing the print production and negotiating a better print price.

Lets discuss so that we both can benefit from this situation.


This gives her an "OUT" or an option to fix things without being ashamed or admitting to knowingly making the decision to steel art. If she denies it and does not want to do business together, then you need to be able to prove that this art that is printed (does belong to you). If you cannot do that, then you are up spit creek. Proving it's yours can be as simple as having a copy of an email that shows when it was sent and contains your attached jpg.

After that, you should seek legal advice to pursue further. A simple $150.00 to a Lawyer gets you a Cease and desist letter mailed. It's an added cost but they then get the point. They may then like to really consider your offer.

virgil427:
Thanks for the advice guys,I did learn, I'll never leave samples agian from now on they go with me until money has exchanged hands .

Screened Gear:
Great advice guys. I did Graphic Design for over 8 years, mostly logos and printing business cards, brochures etc. Never did one T-shirt design (never thought about that until now, crazy) I always got 50% up front, even on clients I worked with for years. For sending files I always sent editable Illustrator PDF files for my logo designs. There is really no way to protect files. Never send them any files at all unless you have enough money from them to cover your time or you are ok with not making money on that work. That is how I ran my business. I charged $750 to $1200 for a logo. So if they took the designs somewhere else to be finished then I still made $350 to $600 on the job. In 8 years I only lost $450. I didn't take a deposit on that job. My advice to you is get the 50% no matter what. You would be surprised how many people will not question giving it to you. The ones that do question it are the ones that will screwed you. Just my 2 cents

Navigation

[0] Message Index