Stupid question - but one to which I do not know the answer!

[JSR]

Yes, it's very annoying - particularly when it appears that these people "get away with it".


Im not sure they are getting away with it maybe in the short term but it does catch up with them.

It'd be nice if there was a few high profile cases of this reported in big headlines everywhere in order to put those off who haven't yet been caught.

[Robert]

I took legal advice once on Logo design. We had a client who ran a website with a similar name to a competitor. The client did have a good relationship with the competitor. The client requested their logo to be designed as similar to the competitors as possible but at the same time being different as not to "breach copyright". The competitor was and still is a high profile company. I therefore sought advice from a solicitor who argued that in this instance we could get into trouble since the client specifically asked us to copy someone elses logo. However it was stated that it was not our duty to be checking copyright and as a designer, we are simply following guidelines from the client as to what they want. It is the one who commissioned the work and who would then be using it that would be responsible for ensuring no copyright is breached. It was pointed out that if the client had not specifically given the competitors logo and brought our attention to it, but rather had provided a draft of how they wished their logo to appear, then it is likely that we would not have been liable. It was also brought to our attention though that this is a grey area, and it all depends if it ever goes to court, what the outcome would be.
Similarly, the same principles apply to printing I would have thought. If someone is buying a single item for their own use, I suppose it is different again to someone ordering a few thousand units.

In case you want to know what happened with the logo design, it was done, then passed to the competitor by the client for them to approve. After a few changes, everyone was happy.

[JSR]

Sounds like you had a unique situation but you did the right thing by seeking legal advice. I think if it was me, I may have contacted the competitor and asked for confirmation that they didn't mind your client requesting what they did.

Similarly, the same principles apply to printing I would have thought. If someone is buying a single item for their own use, I suppose it is different again to someone ordering a few thousand units.

I had this discussion with someone before and it's not as simple as it sounds.

Say someone brings you a "Porsche" logo and wants a mug for their brother's birthday because he likes the cars. Out of good faith and, as it'll be a one-off, you decide to do it. You think that no one will complain about that.

But, next week, the customer returns and says "he took the mug to work, everyone loved it, now I want 500". So you say, "aha, I can't do that because of infringing copyright". They say "Copyright? But you copied it last week! If you don't do more of them, I'll report you to Porsche for infringing their copyright!"

All of a sudden, what you did in good faith turns into a nightmare. That's why I wouldn't do it, even if it's just for one. Even if it's for a member of my family. If they want a Porsche mug (or similar), I'm sure there are official outlets from which to buy one without getting me into hot water.

[mrs maggot]

we sometimes get asked for particular t shirt wording - which we know belongs to another t shirt company, its being sold to raise money for charity, but they think if the order a slogan t shirt from us for £10 they wll have the same thing. we always say no and remind them what the t shirt is for and that they need to order it from them..... but i know i could go on ebay, spreadshirt or others and order it GRrrrrrrrr

[Justin]

Also, if anyone can offer start to finish advice on printing mugs, it would be most appreciated - like all of the newbie mistakes - which I would rather much like to bypass as I don't have the money to go wasting mugs or ink!

Hi Robert,

This is something that's in the pipeline There are a lot of silly little things that can go wrong, please ask anything you need no matter how daft it may sound, we've all been there. If we can help you save time/blanks etc. we're more than happy to help.

Justin

[jennywren]

This always gives me a headache this subject it goes on for ever and when you think you got it right something crops up, but there are only two rules,
1. If its not yours , don't use it
2. If you do , don't get caught
ONLY JOKING

[Robert]

This forum is made up of the most law abiding group of people I have met. Well Done
Although I must admit, when times are hard, temptation can get the better of you.
I suppose like many have already mentioned, if you're here today, gone tomorrow, then your likely to get away with it. However, if you really want to build a good brand image, then everything must be above board.

The one thing to remember, is that if you do get caught up in a copyright breach, then you can be made to pay all profits generated from the sales of such items, + damages, etc, etc. So, for the person or business who is in it for the long run, it's really not worth it.

[purpledragon]

Its not a case of us all being angels and law abiding i think its a case of good sense, As i stated in an earlier post i did breach copyright once thinking id get away with it and i didnt lesson learnt !!!
Brett

[JSR]

I think we all do the right thing for our own reasons. For some people it's "once bitten, twice shy". In my case, I just think of how I'd feel if someone ripped off my work. I wouldn't like it, so I don't do it.

Even if times were hard I wouldn't do it, because I wouldn't accept that excuse from someone ripping off my work.

Some people see copyright as an annoyance, an irritation, something that "doesn't apply", and they bandy around phrases that they don't understand like "fair use", "public domain", and "I found it on a website so it must be free". But copyright isn't the enemy. It's there to help everybody. The one day you do something original of your own, you'll be pleased that we have some kind of automatic protection in this country that you don't have to pay for. Anyone who respects anyone else will not abuse their copyright. And if that person doesn't respect anyone else and thus abuses their copyright deserves to have their pants sued off them.

(I'll put my soapbox away now.)

[JSR]

like all of the newbie mistakes - which I would rather much like to bypass as I don't have the money to go wasting mugs or ink!

Ah, but you have to make all the mistakes in the beginning. Only by wasting several boxes of mugs and looking at a deficit in your bank balance do you get that sense of "achievement" when it all works right!