# intellectual copyright infringement



## AzEtchWorks (Oct 4, 2009)

Hello. 
I have been researching intellectual copyright infringements and infringements in general online and can't seem to find anything that answers what I am dealing with... 

Long time friend looking to relocate as the job market sucks where he is at, he has a printing background and we worked together many years ago... Understanding the concept of printing I figured he was the only one that would be able to help me get caught up on artwork (which is what slows me down the most being a one man shop) so he comes and stays with me for awhile, helping me out in the shop getting the feel of things... I install software and plugins on his computer so when he has to go home, he can still help me out via email... 
long story short,,, he was in no way intending to help me... he goes back to Florida and now all of the designs he worked on in my shop for my customers are shown on his facebook and website galleries as his own... YES, he worked on them, but he worked on them in my shop helping me.... I can't help but feel like this is steeling.... Is there any other way I should be looking at this? and this is aside from the fact that he is starting his own little printing business... he made off with approx 20 GB of graphics collections, my software and plugins... Wish I would have gotten all my software free when I started... more power to him.. he is no threat to me in Florida.. but to me the files belong to my shop as I hold the customer base and have the permissions to print and display them.... 


Just looking for other opinions... thanks a bunch.


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## kimura-mma (Jul 26, 2008)

If you want to take legal action, you probably can. But he can easily claim fair use since he legitimately worked on the designs he is displaying in his portfolio. Maybe he will agree to give you credit on his site.

As for the software and plugins, you gave it to him.

I don't see any infringement or stealing going on here at all.


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## Flagrant-T (Nov 11, 2009)

Did you pay him for working for you? Tim knows a lot more about this stuff than me, but if he was your employee, than I believe you have the rights to the stuff he created while working for you.

Probably (for sure) better off asking a lawyer, but I have friends that work for card companies, and everything they create at work is the property of the card company. Even in engineering companies where someone developes a patent, the patent is in their name but the company ownes the rights to it. I am probably butchering this a bit.

You might be able to get a lawyer to send a "scary" cease-and-desist letter for not too much money. Going after him in a lawsuite might be a coin flip and even if you do win, you can't get blood from a stone.

Good luck,
Nick


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## kimura-mma (Jul 26, 2008)

Yes, the OP owns the copyright to the designs.

But unless the friend is reproducing, reselling or falsely claiming to have created the designs, then I don't believe he has much of an infringement case.

Don't get me wrong, the friend seems to be a bit shady and he should have asked for permission. But unless there was a previous agreement that stated he cannot display the designs in his portfolio, then he should be allowed to do so.


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## AzEtchWorks (Oct 4, 2009)

Thanks for all the comments.... it all boils down to ... " I am a dumbass"... He was paid,,, not a whole lot and he knew that coming in (I am so far only a one man shop and I don't even pay myslef yet) and there are a couple of designs that I paid him for outright before he actually came into my shop to help me... Giving a new meaning to "will work for food" that is what he said to me when his marital issues led him in my direction, I did house and feed him for a month or better... plus some cash in hand but it's done deal now I guess.... The software part bugs me... yes,, my own fault... but basically all I have to do is wait for his computer to crash, then he will have to pay for everything like I have had to do since the beginning... 
The designs aren't designs he created from scratch... they were designs that either I already had and he changed colors, cleaned things up on them and things of that nature... as a time saver for me. one design I know was provided to me by my customer who has his own designer who sends me what he wants printed either sublimation or screen printed... 
I really wouldn't mind if he posted them having worked on them if he clarified that it was something he worked on for another printer... To me it's the point of it all... and from the last person I thought would ever screw me... 
anyway... my loss and HUGE lesson learned.... Thanks for all the different outlooks on it... 
Happy Printing...


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## sunshinegrfx (Oct 26, 2011)

Maybe I'm being naive, but... long time friend, cohabited, helped him out in his darkest hour...why not just talk it out and hope for the kind of good will that should be there?


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## PositiveDave (Dec 1, 2008)

Tell him that you need the plug-ins & software for a job and want them back, it doesn't seem that the damage extends much beyond that? And you can't sue a friend.


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## JeridHill (Feb 8, 2006)

As an artist, I wouldn't think it would be an issue to post past works, no matter what you did on the project. I see artist portfolio's all the time showing their work for major corporations and national brands. I would simply clarify to him that isn't allowed to use the artwork other than for his portfolio purpose. After that, I'd just walk away from it. In his mind, he might not be doing anything wrong, in your's, he stabbed you in the back. It's not worth getting yourself upset over. I don't think there's any loss to you on it other than the feeling of betrayal. I'd just get it out in the open with him, work out the differences, and keep the friendship (if it's still worth it to you). I have offended many people in the past and never knew it. I remember one person came up to me months later and felt they needed to address something I did. They took it completely different than I meant it, but in the end, I was able to apologize, save the friendship and gain an understanding of not everything is as it appears to be.


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## WoWW (Jan 7, 2012)

First of all, NO there is no copyright infringement seeing as how it was HIS work or designs HE worked on with the go head from you or your customers giving you the go head to do so and seeing as how you obviously were in need for a designer, they were clearly given to him to recreate or retouch. If those designs that were worked on were copyrighted in the first place, without official document stating there is a release for the copyright, it in fact isn't your work to recreate and you could be pinned as copyright infringing. so what they show up in his gallery, he's obviously proud and showing others what kind of work he does and can do, it's called a portfolio meaning a _' "collection of securities or responsibilities held by an individual" and so may refer to:'_ many things including _'Artist's portfolio, a sample of an artist's work or a case used to display artwork, photographs etc.' _ (wikipedia) It doesn't matter what workshop it's done in as a designer has free will to design where they please. If it was such a concern you should have or should ask for them to credit the work, but that would in fact have to go back to the original maker of the design which, I am getting that it wouldn't be you. So even if credited he would not have to state your name.

Second of all, you willingly gave him your software, so really all there is to say about that is get over it. Friends help out friends and even if that friendship goes sour doesn't mean you need to kick yourself for helping someone out. I have plenty of software friends gave to me that I am very appreciative of and would do and have done the same for them no matter if the friendship fails I'm not going to dwell on the fact that I gave software away or what have you. So you live you learn, now you know not to give out your software to anyone. Though I'm pretty sure with him being a friend and all, he would have every intentions on helping as it says that you paid for work he did prior to getting to your shop. Seeing as how he's in Florida and AZ Etchworks is based out of Illinois, I find it hard to believe someone would travel that far and work for such little pay and or only food and housing just to take a few GB of software. Oh and designs he worked on himself just to claim and reproduce as his own. When in fact you do not know if reproductions are in place.

Finally, lost friendship, issues with a friend or not, how could you have a guiltless conscious after blasting such personal issues. No one here cares to know why someone is coming to your shop to help you. Especially with the thought that he may find such a forum like this on a site like this since he, as you say is "_starting his own little printing business_" and since this is a site for printers to go to for help and advise, I'm sure he knows it's here. You don't have the right to bring people's personal life into a question such as this. It is just childish.

Plain and simple let your bitter feelings go, and get over that bridge you are stuck on. Live and let live. Like you said you have no competition with him because he is in Florida.


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## tankueray (Apr 16, 2010)

@WoWW

You sir are incorrect, inappropriate, and you just admitted to violating the DMCA on a public forum. 

I agree with Rodney.

@ the OP.
I would try to work it out, it may very well be a misunderstanding. I wouldn't have any problem with him using his work for a portfolio in order to get a job, even if he didn't give credit; but he can't keep all that software, and he can't use it as a free "boost" to start his own business.

Most of your software and graphics should have user agreements (which you are now both in violation of), but you may be able to call the companies and ask them nicely to reissue your license keys. If they blacklist your old keys he will not be able to get any updates. I also know of a few companies that will send C&D letters to anyone that is reported to them to be using improperly licensed software/graphics. 

If he is selling the designs, you might ask a lawyer/accountant about sending him a 1099 for licensing fees (if you own the images.) I think it's a 1099, or some tax form that you can use to get people to pay you. I had one sent to a woman's employer last year because she didn't pay the extra $40 I charged her for "ohmygod I have to have it yesterday!" service and shipping (after more than 6 months of reminders). Since the company didn't want to pay $40 (really?), they threatened to let her go if she didn't pay it and stop abusing the company credit card. 

Looks like you're coming around to the acceptance stage; now that your anger is clearing, think about whether it's worth the friendship and make a decision that you will be able to live with. Good luck...and welcome to the "life is a field of cow patties" club.


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## AzEtchWorks (Oct 4, 2009)

WoWW..... I see that was your first post to the forum... dang you come in with a bang don't you... as you can see my last response to any of this was 3 days ago... meaning " I had done moved on"
I don't plan on working it out with him.. yes, he is in Florida and I am in Illinois... he is of no threat to me even if he was in Illinois... That's not the point... I starting my screen printing business about 4 blocks from another shop and that owner I have known since high school.. but I purchased my own software etc... 
I survived a motorcycle wreck in 2008 that put me in a wheelchair for 9 months and out of work for 12, then my shop burnt down in 2010... I have rebuilt what I have TWICE and ON MY OWN... at no one else expense... 
When someone brings me a t-shirt they had printed somewhere else and says "can you recreate this" yes I can but to me that is still their artwork... so when my customers email their artwork and all he did was straighten a line or something... that does not make it his artwork... it's still theirs... 
Further more... I have had this same conversation with him... I did not just get on the internet and start bashing him behind his back... I am a very out spoken woman.... call a spade a spade... I am a one woman shop and it pisses me off when I get used.... as a friend, if he needed help then he could have talked to me and said... can I use this... and get some graphics to get started etc... until I can afford my own... I probably would have helped him... but to put the knife in my back.... nope, that's not the way to do it... 

So.. thanks for taking the time to give me your first opinion on this forum... Have a great day... I have work to do now... 

I think I will go with Tankueray's advise and call Corel and see if they can disable the serial number... that should solve part of it... once it's disabled,,, then the all the plugin's will be pointless for him also..


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## superD70 (Dec 22, 2010)

Kenna, maybe WoWW is your long lost frenemy.
And WoWW sharing software is illeagle, not to mention immoral but you've shown your lack of in your first post


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## JeridHill (Feb 8, 2006)

WoWW, that's what I'll say, Wow! This is incorrect information and clearly shows you don't understanding copyright laws.

First and foremost, as an artist, the moment you create a design, IT IS COPYRIGHTED. You are legally allowed to place a © symbol next to your name and date. That is the law. It is not protected until you go through the proper channels and register your design.

Even if it is unprotected, it is a question of morals..... I like to give people the benefit of the doubt and just think he was ignorant of copyright laws, but in the case that he knew what he was doing and didn't care, it's obvious what happened.

I don't think it's worth going to court over, but even if it isn't protected, if he can prove they were his designs, a court would possibly favor him. Either way, copyright laws are largely misunderstood and forums like this truly help with clarification.


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## kimura-mma (Jul 26, 2008)

And WoWW also seems to have no understanding of "work for hire."


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## AzEtchWorks (Oct 4, 2009)

I wondered after I posted if it was him... as few of his text message to me started with "WoW"... but I don't care anymore.. I do find it kind of odd that a couple of the images that I am referring to, I don't see on his page anymore..... hmmm..
either way... makes no difference to me... I don't own the images, my customers should take care of that part.. but I am the only one that has their permission to print and display them as project that come out of my shop... I help people all the time... someone who sees something that I do online will email me and ask where I get that product that they do the same thing as I do with sublimation and they have been looking for that item... I gladly share to them where they can find it... so I am more than willing to help. that's what we do in the screen printing and sublimation trade... why else would we have these forums, facebook etc... he could of had some ethic to him and ask for my help instead of just making off with hundreds of graphics collections and software that I have worked and paid for... 
I am still sticking with just disabling the version of Corel that he has.... it was an older version of Corel that I don't use anymore... it's still the fact that I paid my way, he can too.... I could send him and invoice and have him pay for it but then he would still be able to use all the plug in's, brush packs etc that I have paid for so I think I am going to stick with calling corel and having the serial number disabled and making sure that the next person that "helps" me.. uses my computers in my shop and nothing leaves the building... as I stated in a previous post... "lesson Learned"
I don't know much about copy rights etc... that's why I came to this forum to get advise and other opinions... Thanks for all the responses... yes, even yours Mr WoWW!... helped get my blood flowing early this morning...


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