NOppenheimer

Stolen Work

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An instagrammer known as @helmetconcepts is trying to sell t-shirts using not only copyrighted NFL & NCAA logos, but also on Davidson's template. A lot of people on there, including me have tried to tell him he can't do this. But he insists that he actually has a license to sell NFL merchandise... :cursing:

And they aren't even good concepts, flat images shoved into the template, bad patterns thrown on in haste and he has absolutely zero skill in applying center stripes to the template.

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An instagrammer known as @helmetconcepts is trying to sell t-shirts using not only copyrighted NFL & NCAA logos, but also on Davidson's template. A lot of people on there, including me have tried to tell him he can't do this. But he insists that he actually has a license to sell NFL merchandise... :cursing:

And they aren't even good concepts, flat images shoved into the template, bad patterns thrown on in haste and he has absolutely zero skill in applying center stripes to the template.

Ya they are awful, he's not exactly a great guy either. He had a "giveaway" the other day, trying to pass off a clear fake Aaron Rodgers jersey as an authentic until me and many others called him out.

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Right now I'm in a situation that I'm sure others have dealt with before, so I'm looking for some guidance.

A few months ago, someone contacted me through Dribbble asking for a few custom baseball scripts to be used on t-shirts as Christmas gifts. We agreed upon a price and within a day I sent him the first draft (a small jpeg). For a week we corresponded back and forth, and I sent him two more example images based on small changes he suggested. When I sent him what was probably going to be the final draft, I never got a reply. He had consistently replied for weeks, and then nothing. So in my mind there are two possibilities: either this guy died unexpectedly, or he stole my work without compensation. The drafts I sent were fairly small jpeg images, but they still could've been traced. I've now emailed him about once a week with no reply still.

Any thoughts on what to do in this situation? I have really no way of tracking this person down, but through his Dribbble account I was able to find a Behance portfolio, and I just messaged him on there.

im only a month late on this, but is there any update you can give us on this CAB?

this is a tough one. if you have a contract i would look at that first. sometimes designers put in stuff like "if the project halts for 2 months then client will be invoiced for work up to that point" or "kill fee will be owed". if there's anything there you can email him about to get his attention and a response i would try that. even if its a threat to contact a lawyer. it doesnt have to be an unpleasant email like "YO MOTHERF***KER YOU BEST LAWYER UP, SON!", just keep it professional and business like and remind him it's part of a contract he agreed to

but with the guy not responding at all, and im just assuming no contract? i dont know, theres not much left to do. i hope you got a downpayment though. sounds like you took all the right steps up to this point. sometimes, we just get screwed

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It is tricky. And what sucks is that it's not limited to freelancers, or small clients either. I did some work at my job or a certain cream-filled yellow snack cake maker that we got stiffed on. Even with a signed estimate and statement of work, people can just be :censored:ty sometimes. Needless to say, we won't be working with them again.

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^man that is tough. and if a client did it it to an ad agency you could be talking about tens of thousands of dollars and months of time wasted.

i was just reminded of this Mike Monteiro talk. it might be of some help in the future.

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Nope, no contract. I guess I didn't think it was necessary for a relatively small job like that, but I'll have to reconsider that in the future. I last emailed him about a month ago, and still no reply so it's looking like a lost cause at this point.

What's the best way to go about creating a contract through email? And how much information should be on it? I know it could be tricky because even if I had created a contract with this guy, I might be in the same situation.

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Nope, no contract. I guess I didn't think it was necessary for a relatively small job like that, but I'll have to reconsider that in the future. I last emailed him about a month ago, and still no reply so it's looking like a lost cause at this point.

What's the best way to go about creating a contract through email? And how much information should be on it? I know it could be tricky because even if I had created a contract with this guy, I might be in the same situation.

Overkill the agreement to cover your ass in any way possible. Here's a great one that you can customize to your needs.

I have EVERY client agree to it and sign it, even my best friend whom I do freelance work for frequently. Email them the file, ask them to sign it and scan it then email it or mail it back to you.

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Nope, no contract. I guess I didn't think it was necessary for a relatively small job like that, but I'll have to reconsider that in the future. I last emailed him about a month ago, and still no reply so it's looking like a lost cause at this point.

What's the best way to go about creating a contract through email? And how much information should be on it? I know it could be tricky because even if I had created a contract with this guy, I might be in the same situation.

yea ive been there too. ive tried avoiding paper work whenever possible especially on small jobs but ill do a contract for every one now. ill paste my logo contract below, you can use it if you like as a foundation and change whatever necessary. sometimes clients will have their own changes they want to make and thats usually fine. i just put this in a PDF and as it states here i consider it signed with a deposit.

- - - -

BRANDON MOORE, THE ARTIST AGREES TO:
I agree to create a custom logo design suitable for your business identity. I promise to deliver your finished logo
design in digital image files of high enough quality to be printed on business related goods and for web page display
when I have been paid in full.
Concepts and First Viewing: Within a set date and after receiving the design brief, and deposit (non-refundable)
I will create 1 to 3 different logo concepts for you. I will place these logos in a PDF presentation for you to view . When
I have received your feedback on these designs I will make any needed changes to the logo we both feel works best
for you. The first round of revisions is free. There will be a $65.00 fee for any revision step there after.
File Delivery: After the final logo design is approved and final payment made, I agree to deliver the logo design
to you as a digital files (.png, .pdf, .ai., .eps, and/or .jpg graphics file formats) Custom logo packages are delivered to
you by email.
Ownership: I give you the right to use your new logo design in all media useful for your business promotion. I ask
that you let me display your new Logo for promotional purposes on my websites and portfolios.
Originality: I affirm that my Logo Designs are original and that I own the rights granted under this agreement, and
that the rights granted do not conflict any other agreement.
THE CLIENT, AGREES TO:
In return for the above-described logo design I agree to pay the total fee payable within two payments... a logo
fee deposit before any work begins and the remaining payment when final logo design is approved but before it is
delivered. If it is convenient for me to pay in 1 payment, I shall do so before the final files are delivered.
Ownership: I understand that the final Logo Design belongs to Brandon Moore until I have paid him in full. In the
event of termination of this Agreement Brandon Moore owns the Logo and has the right to complete, exhibit, and/or
sell the Logo Design (but not my business name) if he so chooses. He also owns all the unused logo design concepts
created.
Use of Logo: I understand that once I have paid in full that I have the right to use the Logo Design in all media useful
for business promotion and that Brandon Moore reserves the right to display the logo for his business promotional
use (example of his logo designs on his websites).
Right to Modify (Alterations): I understand that I have no right to alter the Final Logo Design in anyway except
to change its size for printing or digital display. If I desire any alterations I will consult Brandon Moore first, and he
will be allowed the first option to make alterations when possible and I do understand that he will require additional
payment to make these alterations.
It is also up to me to do a Trademark search and federal trademark registration if I want to register my Logo as my
company Trademark. (Start here to learn more about Trademarks: www.uspto.gov/main/trademarks.htm )
PROJECT CONTRACT
Delays: I agree to give Brandon Moore more time if he becomes ill, is injured, or is delayed because of events
beyond his control, like: fire, theft, computer failure..
Termination: If at any point either party wishes to cancel the project the client will pay a $200 Kill Fee which will
go towards the work done by the artist up to that point. The original deposit still stands and is non-refundable and all
work and concepts will belong to Brandon Moore. Any revision fees acquired will also be owed by the client.
NOTE: Before you make deposit/sign agreement make sure you understand all of the above and realize that you can
negotiate. If you want any changes please send me your suggestions.
If this contract is acceptable to you and you are paying with Paypal or Google
Wallet then, this contact will be considered signed with 50% of project cost
deposited into my Paypal/Google Wallet account. send payment through paypal.com or Google
Wallet to this email address (remove the spaces in email address):

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It is tricky. And what sucks is that it's not limited to freelancers, or small clients either. I did some work at my job or a certain cream-filled yellow snack cake maker that we got stiffed on. Even with a signed estimate and statement of work, people can just be :censored:ty sometimes. Needless to say, we won't be working with them again.

^man that is tough. and if a client did it it to an ad agency you could be talking about tens of thousands of dollars and months of time wasted.

i was just reminded of this Mike Monteiro talk. it might be of some help in the future.

Didn't they go bankrupt?

Hard to protect yourself against that

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Funny story about that: our agency actually won a pitch for their business and started on our first real assignment for them the day they went bankrupt. But that was only the first time we didn't get paid for a project.

Sometime last year they got bought by another company and resurrected. Shortly after, they contacted us and we began working on a new project for them. We finished our end of the project and never saw a dime. Maybe that's their strategy to avoid bankruptcy this time. ¯\_(ツ)_/¯

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im not so sure about the poster example, it looks like both of you used the same inspiration and arrived at a similar thing, using a pretty common composition of top placed headline, 2 point perspective building-from-the-street view and a sun burst background. you could just as easily make the same connections between the two to Shepard Fairey's work.

Yeah I totally understand which is why I can't be 100% sure. However, you have to admit that it IS a little suspicious that it was used for a local Buffalo event as well as local Buffalo-area credit union.

I know I'm late to the party here, but that's not just some random building... that's City Hall (and the McKinley Monument). It's not really suspicious that people would use that as a symbol for Buffalo.

Well yeah, that's why I used it in m original piece. It's not the fact of using city hall is suspicious, but the similar use of the rays behind it as well.

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I see your point, but I also think the rays are an art deco thing and that's an art deco building.

empire_state_building_lobby_by_don82159-

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I see your point, but I also think the rays are an art deco thing and that's an art deco building.

Sure, that was another source of the inspiration for my piece. Can I just get one person to agree that the two other examples were created from nearly the same angle looking upwards? The ad is definitely VERY close to my original piece, just more detail in the building.

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They're similar, but it's very very possible to end up at the same place you ended up without having seen your artwork.

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I don't think so. The two are done from different enough perspectives, in different enough styles that I think you both came to it on your own.

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Thankfully, the thread had already been locked, but I was going through posts the last night and saw this:

http://boards.sportslogos.net/topic/102055-forum-rules-violation-nfl-helmet-redesigns/

scouserduke's Bronco artwork was ripped, as was fraser's Redskins art and the Dolphins wordmark from my recent NFL redesign project.

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I don't think so. The two are done from different enough perspectives, in different enough styles that I think you both came to it on your own.

They're similar, but it's very very possible to end up at the same place you ended up without having seen your artwork.

Well I said it in my original post, just found it coincidental. However, my Miller wallpaper was a definite straight-up theft.

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Quick question, has avconcepts stolen anything more of mine? I haven't posted a concept in while, plus I'm curious to see if he has.

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Quick question, has avconcepts stolen anything more of mine? I haven't posted a concept in while, plus I'm curious to see if he has.

Tried to do a quick search on instagram of him, but his account is still private. I did find a different instagram account that is posting a few of your concepts; @avcoop (http://websta.me/n/avcoop). They might be related considering they both start with the same 3 letters @avc. It looks like he purposely only posted your concepts that didn't have watermarks on them. I would suggest you go back and add watermarks to your concepts if your really want to make sure your concepts aren't stolen again.

Your Panthers concept: http://boards.sportslogos.net/topic/94358-nfl-redesign-2014-pro-combats-added-tampa-bay/?p=2085333

Your Eagles concept: http://boards.sportslogos.net/topic/94358-nfl-redesign-2014-pro-combats-added-tampa-bay/?p=2167541

His account posts: CAR: http://websta.me/p/692324595524659930_312445217 PHI: http://websta.me/p/650809028938787108_312445217

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