Copyright Infringement Requests

Every now and then, clients ask designers to “copy” a design that they have seen elsewhere. As innocent as this may sound (to some), it is a straight up violation of our international copyright laws. It is important to handle (and/or decline) these requests professionally.

Typically, my response is “I would happy to design something for you that has a similar look and feel, but I am not comfortable copying another designer’s work”. Sometimes, a client is frustrated by this response. The client does not understand why the copied design (that will most likely not be seen by enough people to make a difference) can not be reproduced. The answer is simple: it is unethical (not to mention illegal) to copy a design, claim it as your own and sell/profit from it.

Plagiarism

Of course, there are designers out there who are not bothered by this. They will do whatever their clients request. It should be known, that if it is found (by the original artist) that their work has been plagiarized, the artist can be fined and/or face copyright infringement charges. I do not know anyone who wants to be contacted by an attorney or served with papers to cease and desist as it relates to their business. It may sound far fetched, but believe me… I have seen this happen, and it is not pretty (and very expensive). It can and will tarnish a designer’s career.

Thinking a designer won’t get caught is not justification for infringing copyright. Artists spend a fair amount of time creating their work. The original artist is the only one deserving of the credit and profit. Unless a contract is signed between a designer and the client that stipulates that the client is the new owner of the work and may resell the work as their own (which isn’t common), the original artist will always be the owner of the work. It doesn’t get much simpler than that.

If you do not want to turn the business away, may I suggest opening up a dialogue with your client and offer ways to create something fresh and new and original. Most clients would rather have a unique look than something that has been around a while. Negotiating this with a client will offer far better rewards in the long run. And if your client decides to take his business elsewhere (to a designer who will oblige), don’t worry. There is plenty more business to be had. Declining a request such as this, will not ruin your career. If anything it will gain you unmeasurable respect from your clients and colleagues.

When in doubt, follow your gut. If it doesn’t feel right, then it probably isn’t.

For more information, feel free to visit the U.S. Copyright Office.

Leave a Comment