Yellowlane

Protecting Your Interests

Protecting Your Interests

Protecting Your Interests

27 Jan 2004 — 1 Comments

After sending off a couple "Copyright Infringement Notice" emails yesterday, I am happy to announce that for the present, our icon theft issues have been more-or-less resolved.

The story is that a sub-contractor provided the stolen goods to the contracted design company. Regardless, the stolen work has been removed from the site and is being removed from the client's application as well.

Sadly, we have probably had more need for legal counsel over the past three years at Firewheel Design than I would prefer. Some of the benefits though are the lessons learned about knowing your legal position in business and enforcing it properly and professionally.

There are a host of things you can do to protect your intellectual property. The following strategies can save you a boatload of headache down the road:

• Don't engage in "spec" work. Highlighted just yesterday in The Daily Report, this is one quick and easy way to make sure your created works are paid for and valued properly. There are a plethora of negatives to spec work, but losing ideas and concepts without compensation is right at the top of the list.
• Always use a contract when selling your services or artwork. Contracts help you define the scope of your project, help your clients understand the work that is being performed for them, and keeps a record of each party's legal obligations. Many great contractual resources for designers can be found in the Graphic Artists Guild Handbook. Joining a professional organization such as AIGA will also put you in touch with a wealth of business and legal resources.
• Know your rights. As mentioned previously, theft of original icons and CSS design is a growing problem. Be sure a copyright notice accompanies your work (with the word "copyright" or a ©-symbol, the year, and your name or organization clearly visible). Keep in mind however, that even if your work does not contain a copyright notice, you still have copyright protection. It may prove difficult to enforce, but it doesn't mean people have the right to steal it. Excuses such as this have been used recently to defend illegal use of work, and they are entirely false. Visit the U.S. Copyright Office to learn more, and to further protect your work through copyright registration.
• Write professional letters. Should you find that your copyright is being infringed, be prepared to write the infringing party to inform them of your legal rights rights and their violation. Clearly state the work or works that are being infringed upon. Inform the offending party of your ownership, and ask firmly that the violated works be deleted or removed immediately. Ask that you be informed within "x" days that they have complied with your request, and state clearly that there will be legal consequences if the matter is unresolved. The notice should be straight to the point, firm, and without emotion. Sending a flamer that says "You stole my icons, delete them now you lousy <insert descriptor here>!" incites retaliation, not moral fear, and will not necessarily aid your cause. It degrades your professionalism and will likely brand you as an uninformed hobbyist working from your parents' basement. If you need some help with your writing skills, pick up a copy of The GREGG Reference Manual. This should be a staple item on any businessperson's shelf, regardless of his or her occupation.
• Hire an attorney. As much as you may be loathe to spend your hard-earned cash this way, an attorney can often be your best friend. While the hourly rates that can easily double or triple your own may look daunting, you will be amazed at what you can get accomplished with an hour of their time. You'll learn a lot, and it will increase your awareness when the next situation arises. Look for an attorney who specializes in small business affairs. They usually have most of the resources you need. In certain cases, you may find it necessary to employ a trademark or patent attorney, but the hourly rate will go up. Regardless of your legal situation, never underestimate the power of letterhead with three names and a 29th Floor address.

The legalities of the design business world can be complex, but with a little research, reading, and a professional mindset, you can avoid and defuse most of the mines that fall in your path.