Topic: Copyright Lawyer

Does anyone know a good (affordable) copyright lawyer? I have an interesting situation. Someone has apparently ripped several of my icons and sold/posted them across a couple stock illustration sites. The stock site watchdogs ran across my portfolio and is now threatening to sue ME. They sent me an $18,000 bill and said if I don't pay up they'll sue.

I have never had anything like this happen to me before. I haven't even heard of this happening. It has me so angry that my hands won't stop shaking. What do I do? I obviously need to defend myself, but how do I go about suing this rip-off artist and retaining my own copyrights?

Its made me wonder if its worth it to post my work here. I get a lot of traffic and new clients through this site, but something like this could destroy my business and reputation.

Any thoughts, links and attorney phone numbers are much appreciated!

Jon

Re: Copyright Lawyer

AIGA

Re: Copyright Lawyer

Jon, I do believe you have one thing going for you. Logopond. This site has dated posts as proof or wherever the material was stolen from. There's also the waybackmachine.com
If they are stolen form you well then the PUBLIC post will be later than your original if that makes sense. Plus I assume that you have some documented material, emails,sketches,concepts from etc. Get all your material together and throw that back at them. Straycloud gave you the best option. This sounds like a good counter suit to me.
I'm on your side.

ME

Last edited by logomotive (Aug 26 • 1:46 am)

Re: Copyright Lawyer

Thanks, I did some research and this particular stock site has done this at least once before. They lost that suit, so I have some precedent as well.

The nice thing is that they sent me a "bill" documenting every image that was stolen from me (65 total!). So now I know what information and documentation I need to gather.

I'm pretty sure that all of the images were stolen from my Logopond showcase over the past year. They had taken images from logos that weren't posted on my website. Once I'm sure it won't hurt my case I'll post the the "artist's" name and website link. I have a feeling that if they stole from me then they stole from others here as well.

Re: Copyright Lawyer

Sounds like a great opportunity for a counter suit based off of money they have made off of your stolen works. I also recommend contacting your local chapter of the AIGA. They will likely have some local lawyers. Any of whom will almost always give you a consultation and let you know where you stand.

In my experience most any lawyer is going to first just send a letter to the stock site stating where you stand. Possibly notifying them that the work is stolen, they need to remove the works, and that you intend to counter sue. A letter from a lawyer can work wonders in solving these kinds of problems quickly.

Re: Copyright Lawyer

That sounds like a good plan. This is completely backwards, being sued over MY WORK! I hate this, but I know the counter suit will make them think twice at the very list. Their email said they use this lawyer: http://www.artlaws.com/

I'm wondering if anyone knows how this work. If they file suit, then do I have to go wherever they are to defend myself? They're almost certainly not going to be based in New Mexico.

Re: Copyright Lawyer

Suits that occur over "internet issues" will be filed in the state where the sale or infringement of such issue occurred so if you prove their case has no merit and counter sue and your case has merit then they have to come to your state and appear in court (if it goes to court). If not you have to go to them. BUT you if you win they may end up having to pay your expenses.

Talk to an AIGA lawyer (or one thats affiliated with the,) its really your best option.

ALSO:
That art laws is an LLC. I wouldn't sweat it.

Last edited by straycloud (Aug 26 • 6:09 pm)

Re: Copyright Lawyer

Thank you very much! I'm starting to feel better about all of this.

Re: Copyright Lawyer

You can also have an attorney that can practice law in that state appear on your behalf.

Re: Copyright Lawyer

Good point LA.
I also just remembered that you can get your clients to counter sue (I don't think we are using the proper spelling of this) as well if the work is now for all intents owned by them.  Thus you not only have the copyright but a trademark infringement if they went that route. Plus ever sale of your work that was trademarked will need to reported to the owners so they can take more legal action. Who ever got it into their head to sue you has just opened up a &^%$ storm they will not survive.

Re: Copyright Lawyer

Wow, this is really ridiculous, that someone would try to not only claim your work, but try to sue you for their theft! I can't even comprehend what would make these people think they could get away with that. If they have already had 1 similar law suit and lost, that definitely supports your side strongly, as it proves this is not the first time they have pulled this.

However, perhaps they sent you the $18,000 bill as bully tactics. Hoping that rather than risking having to pay more, you will just give them the money so they don't take you to court. But I say, as has everyone else, defend your work. You are not at fault, so you should definitely counter-sue, as it seems like you can put together a strong case in your favor, and they probably won't have a leg to stand on.

I sincerely wish you the best of luck in this situation, and I'm sure you'll come out on top.

Re: Copyright Lawyer

I do believe that your own client base can be your best friends in this. Call them all and do it quick!

Re: Copyright Lawyer

AHHHH THIS IS BS! JON YOU GOT A LOT MORE PEOPLE ON YOUR SIDE!

Sean Farrell (brandclay) is a logo designer in Ann Arbor, MI.  Services include graphic design, web design and logo design.

Re: Copyright Lawyer

man, look at those post dates smile by now Jon would be homeless smile Anyway, is it still a problem?

Re: Copyright Lawyer

Its becoming a bigger problem. I was banned from Design Outpost this morning which led me to start talking to clients. Apparently, they're calling EVERYONE they can find to tell them I'm under investigation for copyright infringement.

Although, I don't design at DO anymore, a lot of us used to work through the site and I still have friends I talk to on the forums. Not anymore.

Re: Copyright Lawyer

i'm sorry to hear that, relevant. i'd say this whole thing will be turned around for your good in the end. hang in there, man.

Re: Copyright Lawyer

Sounds like they are potentially causing you lost wages. Even if you had stolen their work, them contacting all your clients like this would leave them open for a counter suit for harassment & defamation. It's definitely time to call a lawyer. Don't fight back out of court just yet.

Re: Copyright Lawyer

Okay, thanks to everyone for the support here and on Twitter. I'm doing my best to gather my thoughts and prepare the proof that I have. This has really got me down. A lawsuit I can handle, but having my hard work and business of 10 years ripped out from under me in a single day is hard to swallow.

What I think is happening is that they've realized they can't sue and win. They aren't going to get a settlement out of me. So, this is their way of dragging me down. Maybe they think I'll pay the settlement if it feel slike my only way out? I don't know, but whatever it is I hate it with a passion.

Re: Copyright Lawyer

i would assume that an attorney would work on contingency with a case like yours, especially given that you can prove all the work is yours. good luck!

Last edited by thisGuy (Apr 04 • 1:15 am)

Re: Copyright Lawyer

Designer gets accused of stealing his OWN work and billed $18,000 • http://bit.ly/FTW4 (Please share w/others)