Legal action?
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- 36 Responses
- mg330
Kona knows a few murderers if you're thinking along those lines ric.
- cabalcovin0
are you on myspace yourself?
send out a bulleting to people telling them to boycott the festival or to at least send them a mssg showing their concern that the designers of the flyer have ripped off another artist.
theres a load of designers from NT on myspace im sure theyl all help.
also, one of teh festivals sponsors IS myspace.
im sure they wouldnt be happy having an association with a thieving bunch of festival organisers and they themselves might tell the folk to stop using the pic.if you were UK based mate, you coulda got Legal aid for free.
- nicklewi0
google for some law forums. i bet you'll find a keen young lawyer who would help you with this on a no win no fee case
- mg330
I work at a law firm, wish I could help but our whole IP Department is off golfing today!
- chossy0
If you pay me seven pounds and fifty new pence I will travel over to australia and cut the persons teeth out if you like as some recompense for their error?.
Let me know
- chossy0
screw it I'll do it for free. I'll take photos it'll be great :F
- SirLawrence0
it's blatant for sure, but this you already know - and keep hearing from us :-P
Send then both an official legal letter, drafted by a lawyer. Attach your invoice with it, and offer them to pay within x amount of days, or take out the visual, or with a legal follow up.Usually it gets resolved once the legal threat comes in, and once you have a lawyer in your corner. At least that is the experience I have - though I am fortunate not to be THAT experienced in it. In our case a client fired us of a project, stating we didn't deliver the requested quality, only for them to use the designs in-house and have the packaging and pop executed the same way we designed it. Our first - friendly - contacts fell on deaf ears. We then got our shit together, went to a lawyer, gave them the ultimatum, and the suckers paid.
If you word it strong enough to let them know it is not going to go away, and your actions are not just talk, they will listen and react. They don't want to go to court over this.
Contacting myspaces is not a bad idea either, but more to inform them of the situation and that they may have a lawyer contacting them for info regarding your lawsuit. That will wake up a few people there too. Owh, and keep it civil - don't fall into the trap of fingerpointing and accusations. Bad vibe, plus you know you are right.
Ask around for junior lawyers - they'd love cases like this as it is clear winner. Work out a deal where he or she takes a commission from your royalty fee (of course - bump up your fee as to include it)
go get 'm
- nicnichols0
Send a cease + desist letter, stating that you are speaking with a lawyer and will be following with a letter from him.
Google that, and I bet you can find a stock letter that is well worded.
Good luck- that sux that people rip stuff off like that...
- ricstultz0
Thanks guys, I'll give it a shot looking in law forums. I wish I was in the UK, I'd love some free legal advise... nuthins free in the US.
In other news, anyone looking for an illustrator?
:)
- ricstultz0
hahahaa... I love you guys.
- mbr0
you could make a fake profile and try to get the graphic designer's name and contact them directly.
'hey, nice work, we'd love to use the same dude'
Probably won't work.
I'd get that form letter and say that you are talking to your attorney about purusing legal action. Don't threaten to do it, aas then it sounds like you don't have a lawyer, say you are doing it (with your attorney, so they think you already have a reguarl guy).
I'd avoid blogging about it. That starts a war and nobody wins. You have your name out there, they don't. They could easily start something against you and it'd just be ugly.
Keep it clean and professional.
Sucks they stole it. Nice work, though.
- tripleflux0
I don't see any resemblance
- mr_snuggles0
I reckon you've got a strong case their mate. I would contact a lwayer and have them drop 'em a line about discontinuing that or pay you for the creative...
- rtl30
Everyone says egt legal advice but before you do that, you should know the burden of proof is yours not theirs. How ill you prove that their image is inspired by yours and not vice-versa?
You need this image dated, copyrighted in one way or another, any record at all, else you'll be wasting your money on a lawyer.
The co. will ignore you until you let them now you can prove the original is yours.
good luck and mfdoom is god
- republik80
That's blatant.
Obtain some legal advice.
- Neuarmy0
what up ric - been a while..
check your area man, you'd be surprised. i know philly has volunteer lawyers for the arts.
http://www.pvla.org/get your google on:
http://www.dwij.org/matrix/vla_l…
http://negativland.com/lawyers.h…
i'm sure you could find someone to help you out if that's what it comes down to. sucks man, but hopefully you get it sorted.
- mg330
Some people can be such dirtbags.
- CALLES0
CASHIN!!
- Papa0
Get a lawyer / knockoff's as clear as daylight.
Realy nice work though!!!
Good luck
- UndoUndo0
try to talk to them, then let them know you are talking to a lawyer, also try contacting my space - oh and blog it to shame em