A foreign brand stole one of my designs and is making money off it.

I’m a graphic designer and I do a lot of freelance work, like designing logos and shirts for clients from other countries. While I was browsing through Instagram, I found one of my designs printed on a shirt and I don’t remember working for the clothing line that posted it. I did some research and I found out it was a foreign brand from Europe that stole my design. What sort of legal action can I take for the design they stole from me? Is it going to cost a lot to hire a lawyer to help me out with this issue? Anyone who has ever had their work stolen and used without compensation or permission knows how badly it feels. However, if it’s too costly I’m afraid I’m just gonna have to let this one slide. Any advice would be great.

Just to be sure: this is an international forum for photographers, not for lawyers. If you want solid advice, you really should be contacting a lawyer. They should also be able to give you an estimated cost. Plus, without knowing where you are based (given you call Europe 'foreign', my guess is the US, but it's a guess), nobody here can know which laws would be applicable for you since every country has its own particularities.

Of course Wouter is right, but despite all these vagaries, I'll go out on a limb and say there is no chance you can hire a lawyer to go after this and make out with a profit. If the initial consultation with a lawyer is free, go for it. If not, don't throw good money after bad.

 

Personally I had multiple images stolen on the web. I am not a professional, and don't have a problem with people using them for non-commercial purposes. But if somebody makes money with my images, I feel I am entitled to some sort of compensation. In my case it's mostly images of aquarium fish. What irks me most is if people use photos I took of very high quality fish to sell fish that are simply not in the same league, and would never fetch the asking price if people saw photos of the actual fish for sale. I am not a lawyer, but in my view this is fraud. The best I have got out of those folks was for them to take my photos off their website. The best I have got out of people who took my pictures without realizing that it's wrong was a bag of aquarium plants worth maybe $50. Never any money.

 

I would email the folks who are using your image without permission and see what you can get out of them. But don't put your hopes too high.

As already mentioned, this a Photography Forum, not a Lawyer’s Symposium, however, a few comments based upon several flying hours with Business Experience:

 

. . . I found out it was a foreign brand from Europe that stole my design. What sort of legal action can I take for the design they stole from me?

Probably none that will be within a reasonable budget.

 

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Is it going to cost a lot to hire a lawyer to help me out with this issue?

Depends.

Do you already have a lawyer? I do.

It costs me zip for telephone call to ask, “Hey Paul, put your Business Hat on and tell me if pursuing this through a legal channel is worthwhile . . ."

Then I give him a less than 30 second précis of the situation – he then answers “Yes” or “No” and then choose my path armed with his advice. Paul likes nice wine. He is on my Christmas list. And he is a solid Bloke too; our relationship has come about from years of respect and also me paying his accounts on time and without hesitation.

 

In any case, and not knowing where you reside, I am sure you could get more than a vague idea of costs, from someone in your family and friend’s circle who knows a lawyer and who can introduce you to him or her.

 

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Anyone who has ever had their work stolen and used without compensation or permission knows how badly it feels.

That’s a mistake. You have become emotionally involved. This is a Business Question, though it is understood that you might not have recognized it as such.

 

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However, if it’s too costly I’m afraid I’m just gonna have to let this one slide. . .

Excellent!

That’s both an unemotional and business orientated position to take. And probably this will be the outcome.

 

WW

 

Moderator Note:

I shall move this conversation to the Business Forum.