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art copywrite

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thetortoise | 18:34 Sat 10th Mar 2012 | Law
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Hi all- I have just received a phone call from my son who is in a business predicament. He runs a one man company designing and making stickers - mostly for the modified car scene. His designs sell well because they are unique- they are also very affordable in relation to other companies. He has gone to a car show today and one of thetlarger companies is selling his designs. He approached the owner who said he had photographed the stickers on line and has made direct copies of them and he has no intention of taking them off sale eiter at the show or online. What action can my son take to prevent this company stealing and selling his designs. He does not copy any designs- even when a customer asks him to recreate one. It has taken him over a year and a half to build this company and it is just beginning to pay off. This will destroy it.
Thank you
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does he own the copyright for the design? if not, there's not much he can do. what, if any, measures has he taken to protect his work?
if he has high resolution graphics on his site with his work, then he needs a rider statement saying that the designs are his and his property......personally, with my art work, I put a reasonable photo but not one that could be spliced off and printed.....as to any prints, I have a copyright statement on the back.

He may need counsel with his lawyer over this to get an injunction served...if necessary.
he should have copyrighted his work!
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We understood that any artwork belonged to the person who designed it - intellectual copyright? If it isn't that simple then, no he has not protected his designs. How would he do this ?
One answer to this would be to create a layer over the top of each photo saying something like SAMPLE so that it cannot be copied by photoing it.
You don't need to register a design or image to own the copyright, if you created it and can prove it then you own it full stop. I would suggest that your sone gets some legal advice and gets a legal letter sent to the company in question requiring them to cease and desist. They know the ropes and should fold or offer wonga for the designs.
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Thank you all for your advice - I had investigated intellectual property and did believe he owned his designs - I think the legal route asking them to desisit is the best option- cheers all
Copyright can be very expensive and at this stage I think WG is correct to have a solicitor write a letter regarding the alleged infringement of your son’s intellectual property on his behalf, the solicitor may also wish to say that if the infringement persists action will be taken. There will of course be a charge but it may prove to be a good investment.

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