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Designer Dilemma: Client has taken copyrighted logo...

 
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user110

External


Since: Jul 01, 2003
Posts: 10



(Msg. 1) Posted: Wed Jul 16, 2003 3:37 am
Post subject: Designer Dilemma: Client has taken copyrighted logo...
Archived from groups: alt>www>webmaster (more info?)

I am in the middle of doing a site redesign for someone. The logo existed
on his site already. Since I figured he wanted a complete redesign, I went
with a different look. He then decided he wanted to be able to "skin" the
site with PHP. So to have a second "skin" to change into, I snagged his
logo and incorporated it into a basic design.

He has now sent me an email overjoyed because he "found a reverse image of
the logo [he] ripped off to create the current logo."

He then asked me if this might form the basis for another skin. My hasty
reply was "As long as Foo Corporation doesn't mind."

I'm new to the web design BUSINESS. This is the first time I've had an
issue like this. Any time I've ever designed a site for someone, it's
always been either using their personal photographs or royalty free photos.

Any thoughts as to how to proceed? I guess since I'm only designing the
site, it's not up to me to be net police on this one. But his email
admission is proof that I now know that the image was "ripped off." His is
not a commercial site; not that this should make any difference.
Infringement is infringement.

Thanks for your help.

Joni

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mcwebber

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Since: Jun 29, 2003
Posts: 296



(Msg. 2) Posted: Wed Jul 16, 2003 3:37 am
Post subject: Re: Designer Dilemma: Client has taken copyrighted logo... [Login to view extended thread Info.]
Archived from groups: per prev. post (more info?)

"zcardriver" <z-gal RemoveThis @prodigy.net> wrote in message
news:w71Ra.89569$TJ.4723332@twister.austin.rr.com...
 > He has now sent me an email overjoyed because he "found a reverse image of
 > the logo [he] ripped off to create the current logo."
 > Any thoughts as to how to proceed? I guess since I'm only designing the
 > site, it's not up to me to be net police on this one. But his email
 > admission is proof that I now know that the image was "ripped off." His
is
 > not a commercial site; not that this should make any difference.
 > Infringement is infringement.
 >

I would request an email from him stating he has permission to use all of
the images on the site. If he can't provide such an email I would not
proceed further.

--
McWebber
No email replies read
If someone tells you to forward an email to all your friends
please forget that I'm your friend.<!-- ~MESSAGE_AFTER~ -->

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user104

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Since: Jun 28, 2003
Posts: 1662



(Msg. 3) Posted: Wed Jul 16, 2003 5:04 am
Post subject: Re: Designer Dilemma: Client has taken copyrighted logo... [Login to view extended thread Info.]
Archived from groups: per prev. post (more info?)

"zcardriver" <z-gal.TakeThisOut@prodigy.net> wrote in message
news:w71Ra.89569$TJ.4723332@twister.austin.rr.com...
 > I am in the middle of doing a site redesign for someone. The logo existed
 > on his site already. Since I figured he wanted a complete redesign, I
went
 > with a different look. He then decided he wanted to be able to "skin" the
 > site with PHP. So to have a second "skin" to change into, I snagged his
 > logo and incorporated it into a basic design.
 >
 > He has now sent me an email overjoyed because he "found a reverse image of
 > the logo [he] ripped off to create the current logo."
 >
 > He then asked me if this might form the basis for another skin. My hasty
 > reply was "As long as Foo Corporation doesn't mind."
 >
 > I'm new to the web design BUSINESS. This is the first time I've had an
 > issue like this. Any time I've ever designed a site for someone, it's
 > always been either using their personal photographs or royalty free
photos.
 >
 > Any thoughts as to how to proceed? I guess since I'm only designing the
 > site, it's not up to me to be net police on this one. But his email
 > admission is proof that I now know that the image was "ripped off." His
is
 > not a commercial site; not that this should make any difference.
 > Infringement is infringement.

What's the worst that can happen? The copyright owner asks you to remove
the logo.

This assumes that your customer is not trying to pass himself off as the
copyright owner's business, which from what you say doesn't look to be the
case.

I wouldn't worry about it.
--
Charles Sweeney
<a style='text-decoration: underline;' href="http://www.CharlesSweeney.com" target="_blank">www.CharlesSweeney.com</a><!-- ~MESSAGE_AFTER~ -->
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ngx

External


Since: Jun 28, 2003
Posts: 578



(Msg. 4) Posted: Wed Jul 16, 2003 10:10 pm
Post subject: Re: Designer Dilemma: Client has taken copyrighted logo... [Login to view extended thread Info.]
Archived from groups: per prev. post (more info?)

zcardriver wrote:
 > ...
 > email admission is proof that I now know that the image was "ripped
 > off." His is not a commercial site; not that this should make any
 > difference. Infringement is infringement.
 >

As you're providing skins anyway - let the owner upload his own logo - then
logo copyright is not your issue.


--
William Tasso - <a style='text-decoration: underline;' href="http://www.WilliamTasso.com" target="_blank">http://www.WilliamTasso.com</a><!-- ~MESSAGE_AFTER~ -->
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griffith

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Since: Jul 03, 2003
Posts: 12



(Msg. 5) Posted: Thu Jul 17, 2003 5:57 pm
Post subject: Re: Designer Dilemma: Client has taken copyrighted logo... [Login to view extended thread Info.]
Archived from groups: per prev. post (more info?)

"Charles Sweeney" <me.RemoveThis@charlessweeney.com> wrote in message news:<bf28aa$aagvf$1@ID-162618.news.uni-berlin.de>...
 > What's the worst that can happen? The copyright owner asks you to remove
 > the logo.
 >
 > This assumes that your customer is not trying to pass himself off as the
 > copyright owner's business, which from what you say doesn't look to be the
 > case.

No, that's the worst that would *probably* happen. The worst that *can* happen
is that the copyright holder decides to sue your customer for violating his
copyright - and he names you as a co-defendant for being aware of and complicit
in his violation.

If your customer is really not-for-profit, then this is unlikely, because while
he could easily be found guilty, the holder couldn't easily prove damages (unless
your customer is devaluing the copyright in some way). But it's possible,
especially since you were fully aware of the violation, and you were at least
tacitly complicit, and you've now demonstrated all of this to the world by
posting to USENET.

I'm not a lawyer, and I'm just giving you what I perceive to be the absolute
worst case. If you plan on doing design for money over the long term, you're
best off playing it straight. Sure, this case probably won't bite you. But
if this happens 20 or 30 times, it probably *will* bite you at some point.

Jim<!-- ~MESSAGE_AFTER~ -->
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user110

External


Since: Jul 01, 2003
Posts: 10



(Msg. 6) Posted: Sat Jul 19, 2003 8:40 am
Post subject: Re: Designer Dilemma: Client has taken copyrighted logo... [Login to view extended thread Info.]
Archived from groups: per prev. post (more info?)

"Jim Griffith" <griffith DeleteThis @dweeb.org> wrote in message
news:f788a984.0307171357.6a9a2f69@posting.google.com...
 > "Charles Sweeney" <me DeleteThis @charlessweeney.com> wrote in message
news:<bf28aa$aagvf$1@ID-162618.news.uni-berlin.de>...
 > I'm not a lawyer, and I'm just giving you what I perceive to be the
absolute
 > worst case. If you plan on doing design for money over the long term,
you're
 > best off playing it straight. Sure, this case probably won't bite you.
But
 > if this happens 20 or 30 times, it probably *will* bite you at some point.
 >
 > Jim
Thanks, Jim. It looks like the company that "owned" the logo is now out of
business. That doesn't mean they can't reappear at some later date and
time -- with their same logo. So I think I will tactfully let the client
know that as far as I am concerned, I'll work up a new design for him, but I
will not work on his "purloined" logo.

J<!-- ~MESSAGE_AFTER~ -->
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