Design Plagiarism

[haysuess]

I didn't really know where to post this so I hope it's ok.

My friend started working at a gym I go to and after talking with him and the owner they decided to have me design some business cards for all the trainers there. I did 6 concepts and he chose one and asked for pricing/quantities. I e-mailed the info to him and a few days later my friend came over and said the owner was telling the manager that he was talking about taking my designs to someone they've used in the past and have him copy my design and use him to print them.

There is obviously something morally very wrong with that but I was wondering how much of the design would have to be copied for me to be able to call him out and take some kind of action? Obviously they can't use the jpg's cuz of the size and the 'proof' overlay but...

Any advice? I won't say anything yet because I don't want my friend in hot water at work so I'll have to wait and see what happens. I definitely WILL get a copy of the cards they get if he doesn't e-mail me back and see whether or not it warrants action.

[zumojuice]

It is a tough one mate and I feel for you...Did you decide the price to begin with though? If not, then that's possibly where you went wrong, not that it will help if they turned round with your proofs later on and under cut that... I honestly don' know what the law can do to help you, bar small claims court, if they had not paid a 'pre-agreed' invoice...

You've done right not giving them good quality stuff, but let's hope your friend can come through for you. You might have to lower your price and take this job as a learn to get prices agreed first (if you did then sorry for harping on) - tis better to get something for your efforts than nothing...

Fact is, there are always going to be clients who will fleece you. They want to pay peanuts, but yet still get an amazing card... With business card printing starting from £25 quid and clients wanting the whole job done for £30, you can see where it ll falls off.

It is something you feel out with your clients... budgets and means. You can often begin to tell which ones one as cheap as possible, no matter the quality ( the sort who might take your perfectly designed colour flyer and photocopy it to make more....) and those who understand the benefit of design...

By and by, those cheap card designers are templates, where as something more bespoke costs more...

[haysuess]

Thanks for the input. I already e-mailed him saying I am 'using a new print company so can lower my prices' so hopefully I'll get something out of it.

[zumojuice]

Cool. Hope that works out for you..

There is alot to be said for 'adapting to means' - The cheapest price gets the cheapest options - they are not paying for as much of your time, so why give it to them? If they get more of your time, they get more of your effort to create something truly bespoke and beautifully crafted...

[blueocto]

I believe it might come under Intellectual Property? I would only be able to suggest seeing a solicitor about it, who specialises in the area.
But if its only for a small amount, consider it an unfortunate lesson learnt :(

[haysuess]

These were $10,000 cards! lol. I know, it's more about how ****** I was when I heard that than the money. Thanks.

[zumojuice]

$10,000 ? what was that for......

[haysuess]

Well, since it was for a gym the 'cards' were actually custom printed 50lb barbells and each of the 3 trainers got 500 of them. Lol. Hmmm...maybe I should patent that idea

[zumojuice]

maybe you should...

[haysuess]

and i just realized i can't say wissed with a p...lol