Ripping/Copying
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- rainman0
I guess my only qualm with Anders opening statement/question is the word "rip-off (or in this case "ripped off"). The term is such a negative term that you only assume that it's meant in a negative way.
- of course it's negative, that's what I'm trying to say.Anders
- But you're trying to pull a positive from a negative... why? Why give any credit to the designers that pulled off these creative plagiarism. Makes no sense. I wouldn't give them any creditrainman
- "creative plagiarisms"... why condone something like thisrainman
- Creative CommonsAnders
- OSFA0
so, any advice on what should I do tomorrow morning regarding this company? We provided them some samples of what their site would look like but then they said 'they were not ready to move forward' and never got back to us. Three months later I check their site and it is a complete rip of our concept. I am pissed! Do I have any rights on this? What are my legal alternatives in order to either get paid or have them bring down the site and come up with their own design?
- wow. that takes a lot of nerve._salisae_
- Tell me about it, the scumbag (CEO) disconnected the number he gave me a while back.OSFA
- I'm sorry that sucks. I'm not sure there's a legal way of protecting comps and samples? How would that work in a contest e.g.? comps=risk?Corvo
- ... contest? There's a risk in every proposal. I don't know how you can avoid it.Corvo
- a Cease & Desist contract would work but that'd be crazy coz no rational client would compromise with a comp.Corvo
- unless they would sign it after comp approval - with a cease an desist option on their part. which would need contract too.Corvo
- a snowball of contract and failing guarantees.Corvo
- OSFA0
Funny that there is a thread about this since I just realized an ex client decided to take our design and give it to his 'web guy' to copy and publish.
Do you guys have samples of good cease and desists letters for design? Particularly web design? We presented the option to the client and advised them that if they didn't proceed with us they could not use any of the elements on their new site. What should be my first step?
- OSFA0
Fukc, I'm too pissed to even think, I guess I can send a cease and desist letter to the company, him, and any other contact I have such as accounting dept, etc. Any ideas on how to create a good c&d letter? I was also thinking about forwarding the invoice we had presented them as 'estimate' for payment to the accounting dept. since they decided 'to move forward' and use the concepts provided by us. That will at least get the accounting dept on his ass...
- akrokdesign0
OSFA,
what they have done is broke the copyright law. as you "the artist" has the right to the art work. and not the client.
so...
I would send them the invoice for work upto the date. And tell them if they do not pay, they are required to take down the site as they are breaking the copyright law.
- OSFA0
Thanks man, that is exactly what I am doing. I am sending them the original estimate, the outstanding invoice, and the original links that show my design concepts and proposal -oh, and that include a nice disclaimer at the bottom indication they are for poresentation purposes only and that all rights are reserved along with a nice and polite email requesting them to reply within 24 hour and bring down the site until payment has been made and permission granted. I will keep you guys posted...
- 1pxsolid0
google?
- Corvo0
^^ there's an interesting side to OSFA's situation. Why is it not ok for the client to own the design - and let you or another designer develop it later on, as the business takes new shapes? After all, a design is made for a particular client and it is part of his assets. But of course, everybody would hate that - dropping off of a gig and having another team working on your stuff - but (imagine) the other team is respectful of your job and tries to improve it? I think then we would be on what Anders would call a "positive rip-off?". Thing is ideas are dear and are the designer's asset, so no one evens considers with pleasure having another person profiting from your work - but that is contraditory to the aim and nature of design itself. A little bit contraditory at least.
- why would the client own any rights if they never pay for them???OSFA
- hey sorry - I was talking about done & paid for work - not ideas that they steal from comps. that is a felony.
Corvo - I have misread your situation.Corvo
- no prob, and yes, they pretty much stole our comps. They never paid for them and used them three months later.OSFA
- killerqueen0
Shut up.
- http://communitieson…sikma
- Even the best trolls get ripped.Corvo
- incidentally, that gnome book is great.monNom
- that's was a bad example of how to rip-off a good troll.Corvo
- seriously - what a fucking trollsikma
- It's not a troll, imo. Trolls have objectives. This just an ill-educated person.Corvo
- It's pretty harmless.Corvo
- fair enoughsikma
- cockzshed
- OSFA0
Well my dear firends, it is with great pleasure, that I share some good news with ya'll. (of course for those who care)
After sending a nice cease and desist letter and personally contacting (and ripping a new one) the CEO of the company that thought it would be wise to use unauthorized material that I created, I received the track# for my overnight payment. Thanks for all your help and support and damn! it feels good....Sorry for the interruption....
- rainman0
um... why acknowledge/glorify plagiarism?? good, bad... it's all wrong.
- Corvo0
In a way, the best example of a rip-off done creatively is design itself. Design is not an original craft - it's a derivation of other crafts, I think.
- Corvo0
There is also the problem of strong similitude in so-called styles and trends. Are those legitimate originals or are they just good rip-offs? Is this part of your question, Anders?