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do i own the copyright for the design?
Posted by Paul O'Shea on 4 June 2007 at 15:46I have designed a decal from scratch & have been selling them on ebay for a few months now, when i uploaded the picture i didnt put any copyright text over the jpeg. Well someone on ebay has copied the logo 100% & is now also selling them….. do i own the copyright for the design or is ebay a bootleggers paradise?
any info would be sound
cheers
Paul
John Gregson replied 18 years, 6 months ago 6 Members · 12 Replies -
12 Replies
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that’s a risk you run using Ebay I’m afraid. 😕 In saying that if you sold it in a high street shop someone somewhere would still copy it and sell it!
If you designed it, you own the copyright. But proving that now may be a different matter. 🙁
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same as….I designed a logo for a haulage company and the owner passed on the design to someone else to do at a lesser cost. I didnt find this out til months later and I saw one of his trucks driving down the road, knife to the heart and my sympathy, but there is not much you can do about it without..as Marcella says…proving its yours. Copyright is a minefield.
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Make an ebay account, buy all of his decals, every last one each time he sells any then tell him that they are yours anyway so you don’t have to pay for them, tell him you have a applied for a cease & desist order on the manufacture of your copied decals and he will be hearing from your solicitor in due course.
If he continues to sell them on ebay then he is a fool after hearing that.Alternatively buy one legit, but not with paypal, once he gives you the address to send the cheque, go deliver it personally, along with your original drawing, and some large friends.
That approach is sometimes unfortunately the best way of getting stuff done.
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Paul, welcome to the club, it has probably happened to all of us, and probably on more than one occasion. Putting a copyright notice on it probably wouldn’t have made any difference at all as you would still have to prove copyright and it could cost you a lot of money.
You could try contacting ebay and complaining that another seller is selling your copyrighted material but I doubt they would do anything about it or you could try contacting the seller and threatening legal action if they continue again don’t hold out much hope.
Just out of interest what is it about the design that has made it popular and worth copying? -
Thanks everyone & i thought i would get this response, think i will let Steve be my PR man :lol1:
& Martin the sticker is nothing really its for VW owners mk2 golfs etc its just the fact it was my design/idea…… 👿
thanks alot ppl
Paul -
quote Paul O’Shea:think i will let Steve be my PR man :lol1:
Paul
wait until he’s got his plaster cast off ………… he’ll be more effective then! :lol1: :lol1: :lol1:
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quote Steve Underhill:Make an ebay account, buy all of his decals, every last one each time he sells any then tell him that they are yours anyway so you don’t have to pay for them, tell him you have a applied for a cease & desist order on the manufacture of your copied decals and he will be hearing from your solicitor in due course.
If he continues to sell them on ebay then he is a fool after hearing that.Alternatively buy one legit, but not with paypal, once he gives you the address to send the cheque, go deliver it personally, along with your original drawing, and some large friends.
That approach is sometimes unfortunately the best way of getting stuff done.
Id like to be friends with you steve, youd make me feel looked out for!!
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Paul, it’s not nice when this sort of thing happens but look on the bright side, it’s a complement if someone has copied your stuff rather than do something different. Just food for thought though, did you use the VW logo at all and if you did do you have permission to use it? I know its for owners but there might still be a copyright issue with their logo even though people copy them all the time.
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quote :Id like to be friends with you Steve, you’d make me feel looked out for!!
I look after all my friends, and everyone here even though I only know one of them personally, I regard as friends, so they will get looked after in any way I can help.
I have been made to feel welcome here and had nothing but good advice so when I can help I will.But right now Marcella is right, I have a cast on so have to resort to imaginative tactics rather than the direct approach 😛
Also using ebay, it is a good idea to state that you own the copyright of the design, that way at least ebay can pull any auctions that infringe yours, if they can be bothered that is.
After seeing how many hookey copies of photoshop on there I doubt it though.
Annoying to say the least when I pay £500 a copy and see them for 15 quid on there.
I have "bought" a few of them though
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Martin, the logo i made was using a ‘free for commercial use’ font & i made massive alterations to it…. i didn’t step on anybodies toes as far as copyright goes so i guess it makes it mine!
Anyways thanks for every ones input…. mucho appreciated
cheers
Paul -
This kind of thing happens all the time and its not just designs – its ideas as well.
I’m not sure if I’m right but I don’t think its illegal to copy someones work, copyright is useless and it only becomes illegal when the person, who has been ripped off has the financial backing to follow it through the courts, or as suggested the muscle.
I don’t agree with fake goods or ripped off artwork but its a fact of life, design something people want and it will get copied – supply and demand.
I think, to some extent, we are all guilty of copying. I for certain have looked at designs, logo’s and colour schemes and extracted ideas or themes from them.
Back in the Black n White days, while at school, the teachers marked my work with a big cross through it – if I was lucky a got a tick.
My teachers never received a penny from NIKE :lol1:
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