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Stolen Work - Advice Needed

mr.sly

mr.sly

mr.sly

Soldato
Joined
25 Jul 2006
Posts
3,878
For a University project a friend of mine created a concept logo for a local business. He wasn't in contact at any time with the company and it didn't look anything like their original logo. He used the logo in his online portfolio and it was ranked highly on Google Search and the logo concept was ranked as the first image on Google Image Search.

Now the company seemed to of noticed this and have started to use his logo as their own, without contacting him to let him know they're using it, to ask permission or to pay for the logo. Legally if he told them to stop using it, could they turn around and take any sort of legal action against him for creating the logo and putting it online in the first place?

Thanks for any advice. :)
 
I don't know, I've seen other designers portfolios who have work from Coca-Cola, Bentley and a whole range of other companies that they've never actually worked for or been approached to work on a freelance basis. It's just a concept so you have something to work towards.

I don't really know how it works, which is why I'm asking here about it. But even if he shouldn't of put the work online in the first place, ask him to take it work down don't steal from him.
 
If he's designed it for himself, he owns the IP and thus anyone else using it is thievery. I'm not sure about 'getting legal' but he should take some kind of action if he's unhappy with it.
 
Thanks for the link I'll check it out.

Are there any designers on here that have used University work that was created using a real company but without their knowledge on their portfolio?
 
He is in a legal minefield.

a) The university will own his work. So no, officially he has no leg to stand on and fight as an individual. If the university wanted to fight the corner then they could try.

but

b) Creating a logo for a company (so I assume using their company name) then the trading name holds a certain amount of weight.

If the logo is completely new, and the Uni isnt fussed (which it probably isnt), then I would approach it from a friendly angle. An email saying "I am enthused to see you are using my newly created logo. I'm afraid it was not designed for commercial use, but I would be happy to negotiate a deal and provide proper professional files for its continued use".

If they get arsey about this I would start throwing copyright around. The copyright is retained by your friend (technically uni).

Can we see the logo?
 
gord said:
He is in a legal minefield.

a) The university will own his work. So no, officially he has no leg to stand on and fight as an individual. If the university wanted to fight the corner then they could try.

but

b) Creating a logo for a company (so I assume using their company name) then the trading name holds a certain amount of weight.

If the logo is completely new, and the Uni isnt fussed (which it probably isnt), then I would approach it from a friendly angle. An email saying "I am enthused to see you are using my newly created logo. I'm afraid it was not designed for commercial use, but I would be happy to negotiate a deal and provide proper professional files for its continued use".

If they get arsey about this I would start throwing copyright around. The copyright is retained by your friend (technically uni).

Can we see the logo?
Click to expand...

Thanks for the reply.

Yeah he only wanted to send a friendly email to ask for some form of payment or for them to take it down. But he was worried doing that, they might come back at him, as you said, "throwing copyright around".

I'll have to ask him if I can post up the work, but I'll pass on the information and see what he says.
 
gord said:
a) The university will own his work
Click to expand...

Only if specified in the University regulations, surely? (I'm not saying if that is or isn't the case, just that not all Unis claim ownership of material produced while studying).
 
On a photography forum I visit, someone had a photo used without permission on a Uni website for the ast 2-3 years, he invoiced them and they agreed to pay £2.5k for it.

I would suggest that your friend does the same, invoice the company for the use of the logo + a little extra as punishment for not seeking permission :)
 
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