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Copyright Issue.
show user profile  FX
I was wondering if anyone here could help me with a situation I've found myself in.

Basically I designed some USB connectors for a competition, I wasn't awarded the prize but was told via private message I would be once the design was finalized, the competition is sealed so no-one could see the design.

We moved to Skype to discuss the final stages of the design.

After a couple of days communicating with the most overbearing, demanding prick I have ever come across in my life, I told him where to go.

I suspected he would steal my design so I posted it on Behance, I did this purely as a security feature pre-empting what was to come.

This numpty is demanding I remove the design from my Behance portfolio as it contains his logo and trademark, and the design is based on his logo.

A little research brought me to this quote from the trademark laws.

"Non-commercial use of a trademark is generally that use which is not related to the sale of goods or services. If no funds are solicited or earned by using someone else's mark, this use is not normally infringement. "

I've asked him to link to the legal document to support his argument but have received no response yet.

Any thoughts? dealing with this prick is becoming tiresome.

tia


read 606 times
8/4/2014 5:09:59 PM (last edit: 8/4/2014 5:09:59 PM)
show user profile  chillywilson
Two things:
1) Make sure the competition does not have a rights waver to it. If it does your image is his.

2) Hard to judge without seeing the image, if the logo is textured on a model, they have claim to remove it, but if there was no rights given to the said person and the 3dform is solely out of a company logo then for a contest then you have rights to the design and portfolio because the said image was created purely on speculative means from said company.

Most of the stuff you read about non commercial only applies to fair or open usage right not pure design.
There have been car companies and music industry people suing because of demoreels having a certain song or car in it.

Copywrite changes from county to country so make sure you check with the legalities of the region.

read 585 times
8/4/2014 6:58:32 PM (last edit: 8/4/2014 6:58:32 PM)
show user profile  FX
Thanks chilly, no rights of waiver, the design has to be selected as the winner and all rights are signed over in the contest handover.

I'm leaving it as it is, if I get a C&D from his lawyers I'll remove the logo from the design, and leave everything else as it is, the logo is just embossed onto the connector heads.

I've wasted enough time on this already, it's my first project that has gone sour, I'll just put it down to experience and move on.


read 575 times
8/4/2014 7:31:48 PM (last edit: 8/4/2014 7:31:48 PM)
show user profile  herfst1
I'd be inclined to graffiti over the logo (to keep him happy). I'd probably go the route of, "I'm publishing this pick so a certain prick can't steal it."
read 546 times
8/5/2014 3:04:55 AM (last edit: 8/5/2014 4:40:04 AM)
show user profile  FX
Yeah, seems these these disputes can get out of hand quite quickly, I'll pixelate his logo.

My bad for using crowd-source freelance websites, I go there fishing for new work only when I need to, and right now i need to ;), morals are low and suspicion is high, people are working for peanuts, it's soul destroying to watch.

I've gained some good clients through them, but you have to wade through and endure all the shit that comes along with it.

I only enter contests of $500 USD or more, and generally look for contest holders who are new to the site and not outsourcing....as in they want a product concept designing, and there's potential to be hired at an hourly rate to develop the design.

They are usually genuine people who only care about the product and concept, unlike outsourcers who generally couldn't give a shit about anything as long as they get their design to sell on to their client at 4 times the price they pay the designer.

This one was basically a mistake on my part, the guy turned out to be the most sly, manipulative prick I have come across.


read 522 times
8/5/2014 1:17:26 PM (last edit: 8/5/2014 1:17:26 PM)
show user profile  FX
Wowsie, herfst1 I owe you a beer, totally out of the blue I got an email asking me to resubmit my design, complete u-turn, awarded win, paid me $500 for it.

Condition was I took down the Behance post, I'd pixelated out the logo and had a short description outlining the issue with the contest, explaining the situation with a link.

No point getting over emotional about these things, stand your ground and wait for the result. (I was a little ranty at first...ahem ;)

The message exchange is quite hilarious reading it back now, I'm tempted to post it but would rather this fade into distant memory.

Best thing to come from this is support from other freelancers who were asked to copy my design but refused and contacted me instead.

win-win :)
read 477 times
8/7/2014 1:19:11 AM (last edit: 8/7/2014 1:19:11 AM)
show user profile  herfst1
Good shit. No beer owed... but if I get over to UK again we'll definitely have to get off our tits.
read 469 times
8/7/2014 2:59:03 AM (last edit: 8/7/2014 2:59:03 AM)
show user profile  FX
Deal, but pick a good town, don't use London...it's full of southerners and shit beer. :)
read 455 times
8/7/2014 1:01:47 PM (last edit: 8/7/2014 1:01:47 PM)
show user profile  BishBashRoss
Oi! There is no shortage of good beer these days. ;)





read 448 times
8/7/2014 1:29:04 PM (last edit: 8/7/2014 1:29:04 PM)
show user profile  FX
Yeah, shame it's all in the off licence ;)
read 439 times
8/7/2014 2:56:25 PM (last edit: 8/7/2014 2:56:25 PM)
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