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Thread: Graphic Banner - Copyright Issue

  1. #1
    Join Date
    Dec 2007
    Location
    Kelowna, BC
    Posts
    100

    Question Graphic Banner - Copyright Issue

    Hi folks,

    I may be seeking legal advice in the coming week, due to an issue which I have discovered regarding a graphic designed banner I created for a client 3-4 years ago. Basically, I run a local forum, which offers local business advertising to cover our running costs. Now .... my typical approach is to create a free flat image banner for use on our site only, where clients are simply paying for the ad placement/subscription period.

    So, I were shocked to stumble across my banner on other websites in connection to the client's business. One being one of those small ad rotators and another on one of the client's own business blog/site.

    To provide a clear outline of my findings, one banner is exactly as I designed it and another has graphic/text changes applied. At the time of my initial banner design, the client provided a profile photo and a background scene image & supporting text to be added, otherwise, I designed the banner with this material provided. I produced a proof of the final banner prior to going live on our site, which is obviously where the client took and modified the banner for future use.

    So ... with all that said, do we have a case to approach my lawyer?

    Many thanks in advance for any advice anyone can offer.

    Kind Regards,
    Cal

  2. #2
    Join Date
    May 2012
    Location
    St. Helens, UK
    Posts
    74
    That would depend on the terms and conditions / contract under which you issued the material to the customer at the time. Obviously you're more likely to have a valid case if it's explicitly stated that re-use of such materials was against the terms of your agreement.

    But even if you have expressly forbidden their re-use and you conclude that you have got a case, do you really want to get a reputation as someone who sues their customers for what many people would regard as a minor misdemeanour? That sort of reputation might make some people wary of using you. Another thing to evaluate is whether it's actually worthwhile to pursue it - legal proceedings are expensive, both in terms of time and money.

  3. #3
    Join Date
    Sep 2008
    Location
    Akron, OH
    Posts
    1,143
    Sounds like a waste of time and money to pursue this. I'd just let it go and make sure you have contracts in place to protect this kind of thing in the future.

  4. #4
    Join Date
    Dec 2007
    Location
    Kelowna, BC
    Posts
    100
    Many thanks for your replies .... really appreciate it!!!!!!!!!!

    I feared that the conclusion would be along the lines that you set out. What is ironic, is that the previous client from the same company ran their ad banner (also designed by me) for a few months, then paid to use the ad banner elsewhere ... which is perfectly okay of course. Then her successor comes along and assumes that the proof we sent for their ad banner is theirs for the taking/modifying and using around the net.

    As this client goes back a few years, we now have more robust terms in place for advertisers and their ad banners. At the end of the day, it's still hard to accept, but as you say, not worth the time, money and grief .... lesson learned and move on.

    Thanks again!!
    Cal

  5. #5
    Join Date
    May 2005
    Location
    Gold Coast (MS)
    Posts
    2,219
    Maybe...

    Has someone stolen your content? Click to Get it Removed by DMCA Fast!: http://www.dmca.com/takedowns.aspx?ad=cps

    Online Copyright Generator: http://www.webweaver.nu/tools/

  6. #6
    Join Date
    Oct 2012
    Location
    London
    Posts
    1
    Well Calman no need to worry about this, if you are a copyright holder then you can easily sue the third party for any type of infringement.

  7. #7
    Join Date
    Dec 2007
    Location
    Kelowna, BC
    Posts
    100
    .. thanks for the latest replies, food for thought!!

    I feel that we need to connect with a local lawyer who specializes in internet law, with the hope of having a clear approach in where we go from here. The simple fact is, the client provided graphic/text content, I designed the banner, they only paid for advertising time on our site ... now they are using the banner on webpages for their own gain.

    All the best,
    Cal

  8. #8
    Join Date
    Jun 2012
    Posts
    10
    Hi as long as you concerned with copyright issue i think you should use a source of your photos and banners from a legit owner so that cost some money.
    So to get a huge collection i will like to share http://moneyflood.yolasite.com/buy-nice-products.php this link where you will find a company who sell large amount of graphics element, like logo, banner, photos e.t.c
    hope this will help you.

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