Soundoff on Design Theft

• I've been burned far too many times to let a design out of my hands withhout a workorder and a deposit. I'm still a fairly new shop (though I've been in the business for several years before going off on my own) I will NOT do any more work for other shops for free! It burns my behind to see a sign made from my design that they still didn't get right! There is one I pass fairly regularly. They used my design loosely, but messed up the kerning and negative space, the lettering seems as though its about to fall off the edge. Plus they put a border on it without adjusting the rest of the layout. All the elements are the same as mine but tweaked out of proportion. No wonder they underbid me, their signs lack design! Most customers that will steal a design are those who are new to buying signs and don't know better. You must remind them that buying signs is like buying cars, yes they all have four wheels and a steering wheel, but there are huge differences between a Saturn and a Yugo, mainly workmanship and design. And that's what you're paying for.

In short, don't let your designs out without getting paid for it! (exclamation mark!) Don't fall for the "Design something and let's see if we like it before we make up our mind to go with you" routine. That's what your portfolio is for! If they like your portfolio, they'll like the design that you come with.

Ken Jones (kenjones@sprintmail.com)

• I created a template in Corel Draw that overprints the design with the words "PROOF, this artwork is the property of The Sign Store and may not be used or copied without prior written permission" in a red semi-transparent Helv Black type, so the design can still be seen.

John Rice (signstore@thesignstore.com)

• Simple. We charge an hourly rate for art, and a separate price for the sign production. If a client wants a design, we create it and bill for it. The client can then have us produce the sign or take the design somewhere else.

Advertisement

Phil Bradbury (parrot@epix.net)

• All designs have "Property of Jimi Rowland. No use without written permission." Then I simply make a copy of the design, put it in a manila envelope, take it to my local post office where the clerk places the postal stamp over all joints and sides of the envelope and then send it registered mail to myself. If someone else uses my design then I simply sue and get paid for the work they did for me!

Jimi Rowland (jlawrnce@usit.net)

• I have the customer pay for the time invested on the proof, with the understanding that when they do come back they will have this payment credited towards the final bill. I also stamp the proof on the front of it with my copyright and warning that I own this design and I will prosecute those who violate this copyright. I also have a warning sheet, with carbonless copies, signed by the customer with the warning that I will also charge the customer with aiding and abetting the copyright violation. Sounds like a lot of stuff to do, but I ask the customer how she/he would feel if that signmaker rips them off of the design and starts producing t-shirts or signs bearing this design. Then they understand.

Gary Law (bearracegraphics@ameritech.net)

• On projects that require extensive design services ( logo design, trail blazing studies, and complete sign package designs ) we make sure the prospect understands there will be a fee involved with the design services. We often include that in our proposal with a disclaimer stating that the design can be purchased if the client decides to bid "our" design out with other vendors. Unfortunately, during my 18 years in this industry I've learned that the practice of stealing designs is a fact of life in our business. The only thing we can do to prevent this from happening is to agree, as an industry, to never give away our designs in a bidding process.

Advertisement

Alan Capps (Graphixway@aol.com)

• I get such a kick out of that question, and similar ones. How many convoluted answers can we all come up with. Learn Copyright law. Mail ourselves our designs. Put our names across the design in HUGE letters. On and ON and ON! Who is the professional? (you). Who is providing professional design servises? (you). Who is having the designs stolen by clients? (you). Who is NOT charging for the designs? (you). Why are you drawing pictures for free? Do you love it that much that you would do it instead of scuba diving? or flying? or spending time with your beautiful wife? or children? Would you rather draw signs for idiot clients (thieves) of live your life? Hopefully live is the choice! Good, now that that is covered, lets CHARGE the client for the WORK AND SERVICE THAT WE ARE PROVIDING. Then who cares WHAT they do with the design, THEY BOUGHT IT, IT'S THEIRS! On to life or the next job. If you GIVE THEM a design….how can they STEAL it! Dont do anything without getting paid for it! Go have a beer and pay yourself instead, and enhance your self esteem in the process! I know I am gonna get MAJOR hate mail, but sheesh……..:) I am in a mood arent I ? No offense intended! Due respect extended 🙂

Jim Jackson (ESign@aol.com)

• Jim, read your message, and I could not agree with you more. If everyone would simply charge for their services, it would revolutionize the sign industry and we would no longer be thought of as the '67 Ford with paint and brushes in the back……. and I have one for you…. I hear competitors talk all the time of how difficult it is to collect for services rendered — back to what you said "who is the professional?"

Ron Sheppard (rshepp@gte.net)

• I don't have a real way of stopping stealers but I do have an interesting story about a customer that stole after I had already made the sale (sorry but that doesn't always work!!). I had a customer that came in during the winter and wanted a custom stripe for his semi truck. I drew up a few designs and he came in and looked at them a few days later. I printed off a copy for him to take home and show his wife (YES,… MISTAKE). He didn't show up for two months after that. He then wanted his truck to get decals asap. Our shop was so busy that I couldn't give him a specific day that was soon enough for him. Back and forth we went for a few days. He then became crazy over the phone and that was the last I heard from him. But of course a few days later a sign shop 30 miles away calls and says that my "friendly" customer is there and wants to know how much we charge for a design fee so that his "new shop" can put on the design. Of course my boss gives this lady an outrageous price. She never called back because she already had the design that I handed to the customer to look at. Then two weeks later I saw the truck on the road and I didn't feel so bad. It was the worst job of copyright infringement I have ever seen. The style, flow and placement was all wrong. NOTE: IF YOU STEAL DESIGNS AT LEAST GET THEM RIGHT! Any artist who's got half a brain should be able to come up with their own stuff anyway

Advertisement

Matt Franck (fgraphic@hmtel.com)

• In nearly 20 yrs doing this, the situation where an unscrupulous individual actually plagarizes an original design is a rare occurance; in fact it has only happened 3 times to me. I copyright my designs.

In the first two occasions, the rascal was contacted by telephone and informed a bill for services rendered was forthcoming. Both paid in full. In the latest instance, the man in question, my former accountant in fact, had a personal tragedy befall him — his son died during the period of his sign request. A couple years went by and I noticed my sign design fronting his business. I forgo sending a bill as I believe the man has suffered enough, even though through no fault of mine. Sometimes, bygones are bygones. We can become stronger and feel better about it now and then by what we don't act on, as well as those we do.

John B (signcent@gte.net)

• I once designed four entrance signs for a small city in my area. They assured me it was a design-build project, and that based on my work around the area, I would have the design and construction. I spent a week designing the preliminaries and hours of travel and presentation time. After my final presentation, the person in charge said she would contact me when the contracts were ready. Two months went by with no contract (or money). After repeated non-returned phone calls, I hopped in my truck and went to see her. I was shocked to see one of my signs as I pulled into town. It seems that they decided to build them with their own resources. I calmly drove back home, called my attorney, and had him send them a nice letter. All my designs have my copyright warning on them, stating that the drawings are mine, and I will prosecute to the fullest extent……… The city paid me for my design, and the profit I lost on the construction of the signs. They knew their goose was cooked. Needless to say, they will not steal a design again. If you let people get away with it, everyone will try you.

David (dpenn@gateway.net)