{"id":14366,"date":"2014-04-03T03:05:26","date_gmt":"2014-04-03T07:05:26","guid":{"rendered":"https:\/\/webhostinggeeks.com\/blog\/?p=14366"},"modified":"2017-12-17T13:09:11","modified_gmt":"2017-12-17T18:09:11","slug":"stealing-copyrighted-material","status":"publish","type":"post","link":"https:\/\/webhostinggeeks.com\/blog\/stealing-copyrighted-material\/","title":{"rendered":"Copying an Existing Brand — Illegal or Just Immoral?"},"content":{"rendered":"

Whether it happens in a corporate conference room or in a startup client\u2019s office, at some point in your career, whether it’s as a designer, social media manager or marketing expert, someone is going to ignore your suggestions and ideas and say, \u201chere\u2019s a site I like. I want one designed just like this!\u201d\u00a0Your bruised ego is one thing, but knowing where to draw the line between inspiration and theft is another. Relaying that to a client or boss can be even tougher.<\/p>\n

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There are times we need to just give in to clients and bosses\u2014it is a service industry\/job, after all. As an old teacher once said to me:<\/p>\n

\u201cIf you\u2019re a marketing designer, you will have to follow instructions and inane wishes of clients and bosses. If you want to do your own thing, be an artist and paint pictures.\u201d<\/p><\/blockquote>\n

It sticks in my mind because at the time he was strangling me while other students tried to pry his hands from my throat. My arguments about creativity and self-respect were naive\u2026 and aggravating, judging by the teacher\u2019s attempt to murder me. I’ve since learned my lesson while enjoying breathing freely.<\/p>\n

Your Duty to the Client<\/h2>\n

As a professional hired to build on a company\u2019s brand, it\u2019s up to you to not just be a pair of hands that knows how to do \u201cthat internet stuff\u201d and build and promote a business and their website, but to also know how that branding will affect the client in the market and among a customer base.\u00a0When faced with a request to copy another creative\u2019s work, line for line, button for button and color for color and word for word, you have to consider the ramifications for your career and for the client or company.<\/p>\n

\"Thief<\/a>A website that takes all its \u201cinspiration\u201d from another design is totally heinous to a creative, but it happens more often then we\u2019d care to admit. Companies like to jump on bandwagons and an idea that\u2019s been tested and succeeds is a magnet for those who fear risk. As creatives, we love risk and we live to dare, so it is hard for us to understand. As professional business people, we need to understand the fear a client feels and how to guide them past it to success. Design is a message\u2014it should be pointed, effective and unique. It should also make us feel good about the job we do and love and knowing we left the client in a better place.<\/p>\n

But if a client wants you to take \u201cinspiration\u201d from an existing, successful website, the first question you must address is:\u00a0Will the design of the example site fit the demographics and purpose of the client\u2019s business?<\/strong>\u00a0If it\u2019s way off target, you need to express those concerns to your client. If the answer is, \u201cI don\u2019t care\u201d or \u201cjust do it, web monkey,\u201d then you have a good idea of the client\u2019s ethics… or understanding of business.<\/p>\n

The next question is:\u00a0Will there be any brand damage by using the design?<\/strong>\u00a0Again, as a professional, it\u2019s part of your service to protect the client\u2019s reputation. It takes a gentle but firm demeanor to explain why using a knockoff of the Coca-Cola website is not a good idea for a funeral home (“Coke Adds Life” is their motto. It’s doubtful a funeral home wants the same motto… \"Thief<\/a>one would hope!). If targeted consumers see the brand\u2019s website as a spoof of the original design, they won\u2019t take the company seriously. If word spreads on social media, huge embarrassment will ensue and chances are, your name and reputation as the one who did the branding\/marketing will get thrown under the bus. Oh, look, the 3:10 express to Endofcareersville is right on time.<\/p>\n

Let\u2019s say the client is really excited and determined about the idea of the funeral home having the same branding as Coke. There is only one final question for the client:\u00a0Are\u00a0there legal ramifications to using the same design and branding?\u00a0<\/strong>Are any copyrights or trademarks being infringed upon? The company could get a cease-and-desist order, which would shut down the website and any collateral materials. You might very well be blamed for the whole ordeal.\u00a0If the client\u2019s answer to the legal question is \u201cEh, I think it\u2019s fine,\u201d\u00a0you know there will be trouble ahead.<\/p>\n

Protect Yourself!<\/h2>\n

If you\u2019re ordered to \u201ctake inspiration\u201d from another design\/brand and all the outs described above haven\u2019t worked, refer to this handy list of subtle acts of nonviolent resistance:<\/p>\n