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Designer gets accused of stealing his own work and billed $18,000

jonengle.com

21–30 of 47 posts

Re: Designer gets accused of stealing his own work and billed $18,000

#21
This sort of mirrors my question about the legality of a TOS on the internet: http://news.ycombinator.com/item?id=548002

With no canonical examples of 'who was first', and bytes being bytes and therefore editable (ie. timestamps on files count for nothing whatsoever), it's impossible without some sort of trusted 3rd party in which to vouch for this guys story.

Even if the author has paper sketches, they in turn mean nothing as there is no proof as to /when/ they were created.

Re: Designer gets accused of stealing his own work and billed $18,000

#22

This does seem terrible. Can anyone suggest a way that we can help this guy? (assuming this can be validated - though I'm not suggesting it's not true)

A legal fund should be started for him and a badge for contributing to that fund should be prominently displayed on his blog.

Re: Designer gets accused of stealing his own work and billed $18,000

#23

Earlier quoted context omitted.

Logos are not copyrightable. You would trademark a logo.

You would only trademark a logo if you plan on associating it with your company and you don't want any other company to use the same or similar artwork in their identifying artwork.

You could trademark it and then license the trademark to companies that you want to allow to use it. This is pretty common. Some reasons I can think of for this kind of arrangement:

* Parent companies licensing their trademarks to subsidiaries.

* Unrelated companies using similar names who enter into an arrangement where one owns the trademark and the other licenses it. E.g. Tyco International/Tyco Toys, ITT Corp/ITT Tech, Apple Inc/Apple Corps (after Feb 2007).

* Certification, compatibility, or similar logos can be trademarked and licensed to authorized users so the owner can protect against the logo being used in an unauthorized or misleading fashion. E.g. UL Listed logo, Orthodox Union kosher symbol, Windows compatibility stickers.

* Franchising and similar situations. E.g. car dealers, fast-food restaurants, co-ops like IGA and Ace Hardware.

* Avoiding legal hassles that might ensue if the name/logo were not trademarked. E.g. Linux.

Re: Designer gets accused of stealing his own work and billed $18,000

#24

So the big question is: I've invented a logo. Where do I submit it, along with my identifying information, in order to get a certification (backed up by something that will hold up in court, like a notary's signature) that I uploaded and claimed it on a specific date? One obvious answer is "The US Copyright Office": http://www.copyright.gov/eco/index.html But that's $35 per registration. Seems like one of those onlin…

Logos are not copyrightable. You would trademark a logo.

Logos are copyrightable, a trademark is stronger -- But of course, you can copyright a logo it's just an image after all and those are very easily copyrightable.

Re: Designer gets accused of stealing his own work and billed $18,000

#25
If the images are infact his then he has an easy counter-suit for copyright infringement. If StockArt is found to have sold images that were stolen then they owe the original artist the value of what they've sold the art for.

Come to think of it, this is pretty risky for StockArt. They are betting quite a lot that they win. If they don't win, they lose - big time. They may end up wishing they had never brought it up to Jon.

Re: Designer gets accused of stealing his own work and billed $18,000

#26

So the big question is: I've invented a logo. Where do I submit it, along with my identifying information, in order to get a certification (backed up by something that will hold up in court, like a notary's signature) that I uploaded and claimed it on a specific date? One obvious answer is "The US Copyright Office": http://www.copyright.gov/eco/index.html But that's $35 per registration. Seems like one of those onlin…

I've considered something like an electronic notary system a number of times over the years.

I can imagine having a URL like http://[known and trusted e-notary].com/[user]/[date]/[file or md5sum] would do a lot to discourage any shennanigans.

It wouldn't serve the same purpose as having something actually notarized so you'd have to be clear about that, but it could be a source of evidence when a case went before a court.

Doesn't seem all that technically difficult - md5sums for files and an RSA keypair per day are the common starting points for most of my ideas in that direction.

Re: Designer gets accused of stealing his own work and billed $18,000

#28
post #22

This does seem terrible. Can anyone suggest a way that we can help this guy? (assuming this can be validated - though I'm not suggesting it's not true)

A legal fund should be started for him and a badge for contributing to that fund should be prominently displayed on his blog.

You can find that right here - http://www.fundable.com/groupactions/groupaction.2009-04-06....

Re: Designer gets accused of stealing his own work and billed $18,000

#29

So the big question is: I've invented a logo. Where do I submit it, along with my identifying information, in order to get a certification (backed up by something that will hold up in court, like a notary's signature) that I uploaded and claimed it on a specific date? One obvious answer is "The US Copyright Office": http://www.copyright.gov/eco/index.html But that's $35 per registration. Seems like one of those onlin…

As a designer, you usually have lots of sketches and early version lying around, as well as high resolution versions of the logo. That alone should work as proof that you are the creator.

Otherwise I guess you could e-mail a copy of your logo to your self. If it's a big provider (such as g-mail), the timestamps would be fairly reliable in a court room. Flickr is probably just as good.

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