Someone stole my graphic(s). What to do?

[Myriad_Rocker]

Well, let me start by saying that I do graphic design, web design, and application development. I also do custom MySpace layout work. I designed a MySpace layout for a band, did all the coding, graphic work, etc. Just a few days ago, I happened on another band in the same geographical area as the band I did the work for. I found that they totally lifted my MySpace code, layout ideas, and even stole one of my graphics and made it their own. They manipulated the image a little bit and then put some text over it...but it's still VERY obvious that it's mine.

Now...the whole code "borrowing" thing doesn't bother me that much. I've been known to shamelessly borrow code before. Who hasn't that does programming? I don't even mind the layout copy so much, I guess. But the whole stealing of my graphic and manipulating it up just a bit kinda pisses me off. I have messaged the band and simply said "Who did your myspace layout?" They read it but never responded.

So, what should I do? I mean, I should be proud that someone thought enough of my work to steal it...but still. Not only is it theft but it's actually a pretty poor imitation, IMHO.

 

[tojo]

that's fucking ridiculous. Get on their back for stealing your shit.

 

[Chili]

It's just like a song, once you put it in a tangible form, you own the copyright. Registering a copyright with www.copyright.gov is just that, registering the ownership. Graphics, Design, etc is the samething. So, if they are using your work without your permission, they are stealing. You can let them know that they stole the work from you and you expect them to stop using it or pay you for it. If they claim it's their own work, then that is when the copyright registration would be useful... but only in court. You've got to decide if it's worth the effort.

If they don't come to terms with you, you might try going through myspace for help.

Oh, and what would be even worse is if someone saw their page first then yours and thought yours was the cheap imitation.

 

[Myriad_Rocker]

Oh, and what would be even worse is if someone saw their page first then yours and thought yours was the cheap imitation.

That wouldn't be possible considering the quality difference between the two works.

EDIT:

Here...

My Work
Their Theft

Look at all the category header graphics and the ones for the "Add Us" etc under the actual header image.

 

[Hakea]

Hi,

It sucks, but it's extremely common. As you say yourself, we all pinch ideas and strategies from others, either consciously or subconsciously. The argument is always over the degree to which it's done. It's actually quite difficult to successfully establish and defend design copyrights. Sure, the mechanism is there to register something but unless some very detailed searches are done you can't even be sure that many key elements of your own design haven't been used before. Because it's inevitable that pretty much any design will share at least some elements with pre-existing work, the laws usually seem to require only what might seem like relatively small changes in order to be classed as 'different' - unless you have hit on something unique.

As far as I know, the usual procedure in cases where people feel that they've been directly ripped off is to send the alleged villain a 'Cease and Desist' letter - preferably from a lawyers office. Basically this outlines your prior claim to whatever it is and asks them to stop doing what they are doing, remove something, or whatever (depending on what people think is being ripped off or infringed).

In many cases this may well be enough. However, if they ignore you or tell you to piss off then you may need to take legal action yourself. The government isn't going to send the cops round, and even the hosting sites (who may have their own codes about ripping off material) are probably going to be unenthusiastic about spending time and money on actually policing them (although it might be worth checking).

Naturally, going the legal route can involve serious amounts of money, and even if you win the case there's no guarantee that you'll even be able to recover your own costs. There's a lot of bluff involved, and if you aren't up to playing high stakes 'my lawyer is better than yours ' poker it can be a pretty nasty experience. The details may vary from country to country, but that's roughly how it seems to work in many places.

Good luck with it.

Chris

 

[Myriad_Rocker]

Hi,

It sucks, but it's extremely common. As you say yourself, we all pinch ideas and strategies from others, either consciously or subconsciously. The argument is always over the degree to which it's done. It's actually quite difficult to successfully establish and defend design copyrights. Sure, the mechanism is there to register something but unless some very detailed searches are done you can't even be sure that many key elements of your own design haven't been used before. Because it's inevitable that pretty much any design will share at least some elements with pre-existing work, the laws usually seem to require only what might seem like relatively small changes in order to be classed as 'different' - unless you have hit on something unique.

As far as I know, the usual procedure in cases where people feel that they've been directly ripped off is to send the alleged villain a 'Cease and Desist' letter - preferably from a lawyers office. Basically this outlines your prior claim to whatever it is and asks them to stop doing what they are doing, remove something, or whatever (depending on what people think is being ripped off or infringed).

In many cases this may well be enough. However, if they ignore you or tell you to piss off then you may need to take legal action yourself. The government isn't going to send the cops round, and even the hosting sites (who may have their own codes about ripping off material) are probably going to be unenthusiastic about spending time and money on actually policing them (although it might be worth checking).

Naturally, going the legal route can involve serious amounts of money, and even if you win the case there's no guarantee that you'll even be able to recover your own costs. There's a lot of bluff involved, and if you aren't up to playing high stakes 'my lawyer is better than yours ' poker it can be a pretty nasty experience. The details may vary from country to country, but that's roughly how it seems to work in many places.

Good luck with it.

Chris

I respect your opinion but the theft is pretty obvious.

 

[Hakea]

I respect your opinion but the theft is pretty obvious.

It's more than just an opinion, it's genuine experience from having been in a position of having my own designs to protect. I have also been involved in design, over many years. Along the way I did some investigating into how hard it was to a) Apply to register certain types of designs, and what that would involve, and then b) If you did feel that you'd been ripped off, what you could then actually do about it.


I've no reason to doubt your statement that your work has been lifted. The question is what do you intend to do about it next? Are you really seeking advice on what your options are? Or are you just trying to get a few more clicks on your band page with the "I got ripped off" story, have a bit of a moan, and then do nothing more? If that's the case, you'd certainly not be the first to do that, but I'm clearly wasting my typing time... Have you contacted the site to see if they have a policy about this kind of issue? Would you consider a Cease and Desist letter? If not, do you have any other ideas?

Chris

 

[gethypedmusic]

It's more than just an opinion, it's genuine experience from having been in a position of having my own designs to protect. I have also been involved in design, over many years. Along the way I did some investigating into how hard it was to a) Apply to register certain types of designs, and what that would involve, and then b) If you did feel that you'd been ripped off, what you could then actually do about it.


I've no reason to doubt your statement that your work has been lifted. The question is what do you intend to do about it next? Are you really seeking advice on what your options are? Or are you just trying to get a few more clicks on your band page with the "I got ripped off" story, have a bit of a moan, and then do nothing more? If that's the case, you'd certainly not be the first to do that, but I'm clearly wasting my typing time... Have you contacted the site to see if they have a policy about this kind of issue? Would you consider a Cease and Desist letter? If not, do you have any other ideas?

Chris

Chris is right. Don't bitch take action. Your telling us like we care or make your decisions? He just told you what to do. If "YOU" care... Go do it.

 

[Myriad_Rocker]

Or are you just trying to get a few more clicks on your band page with the "I got ripped off" story, have a bit of a moan, and then do nothing more?

Well, Chris, I don't have the kind of funds to put up a legal battle. I was merely asking what I should do about it. No, I'm not trying to get a few more clicks on my band page. I can do shameless promotion in other ways rather than doing so dishonestly in a vial of anger. I appreciate your point of view but if you really want to assume something like this, I'd rather you not reply. But seeing as how I can't stop you, go ahead. Not trying to start an argument...I just wasn't expecting something like this. My band link is in my signature...if people want to click on it when I make a post, so be it. If not, so be it.