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

jonengle.com

31–40 of 47 posts

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

#31
Currently I'm getting this:

  Service Temporarily Unavailable

  The server is temporarily unable to service your request
  due to maintenance downtime or capacity problems. Please
  try again later.

  Additionally, a 503 Service Temporarily Unavailable error
  was encountered while trying to use an ErrorDocument to
  handle the request.
I wonder if that's because a law firm has complained about the complaint, or if this is proving popular.

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

#32

Currently I'm getting this: Service Temporarily Unavailable The server is temporarily unable to service your request due to maintenance downtime or capacity problems. Please try again later. Additionally, a 503 Service Temporarily Unavailable error was encountered while trying to use an ErrorDocument to handle the request. I wonder if that's because a law firm has complained about the complaint, or if this is proving…

No downtime or capacity problems at Google:

http://209.85.129.132/search?q=cache:4xeUCXpV_BcJ:www.joneng...

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

#33

Earlier quoted context omitted.

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…

Images are copyrightable. It would never make sense to trademark an image because if you can put the image in a fixed medium a) it is free and b) it is protected much longer.

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

#34

Earlier quoted context omitted.

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…

Images are copyrightable. It would never make sense to trademark an image because if you can put the image in a fixed medium a) it is free and b) it is protected much longer.

Copyright only lasts for a certain number of years (unless you're one of the people who thinks the government is going to extend copyright terms forever so Micky Mouse never falls into the PD...) whereas trademarks last forever if you can enforce them.

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

#35

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…

The problem with this is the exorbitant costs in time and money to bring a suit for something like this. StockArt can afford to litigate (from the sound if it, they do this repeatedly and can just shell out to a lawfirm), this designer probably cannot. There's a kernel of truth to the saying that the only ones who profit from lawsuits are the lawyers.

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

#36

This is terrible, the plaintiff's lawyer contacting his clients to inform that work he has done, is allegedly infringing copyright... I hope he counter-sues and takes their whole law firm down, what a crock.

I'm with you. The problem with this is the separation... He could likely be tied up in litigation over this for YEARS, all while his business is now losing revenue. Hopefully he has some rich relatives he can call on to bankroll his legal issues.

Thats the downside of being in this position, is that you can get ruined before you even finish the first legal battle.

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

#37
post #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 co…

A google search reveals digistamp.com. I also recall looking into this 6 or 7 years ago and finding a similar service back then.

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

#38
post #13

In this case I would suggest creating a "sucks" website for the company in question to shame them. It has been upheld by the court system as a 100% legal thing to do... (for examples see paypalsucks.com and riaasucks.com)

This is a very bad advice for a number of reasons.

As others pointed out any sort of quirky publicity stunts will only complicate matters for the designer should the case (in whatever form) end up in court.

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

#39
post #13

In this case I would suggest creating a "sucks" website for the company in question to shame them. It has been upheld by the court system as a 100% legal thing to do... (for examples see paypalsucks.com and riaasucks.com)

Probably not a good idea. Already, his problem comes up as the second (and several subsequent) Google results for "stockart".

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

#40
There is a group of state-wide organizations called the Volunteer Lawyers for the Arts that help artists with issues like these. Unfortunately they do not have a New Mexico chapter, but there is a Colorado chapter if Jon wanted to counter sue in StockArt's home state. [ http://www.vlany.org/resources/vladirectory.php ]
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