isagreg Posted March 11, 2004 Share Posted March 11, 2004 I work for an architectural firm as a disigner/visualizator. And because I am the only renderer here I do all the presentation stuff. There was another guy who worked with us for a year, he was doing drafting and sometimes 3D modeling, then he left. Now he opened his own "business". His website: http://www.stu3dio.com The thing is most of the still renderings at his website done by me... And he shows my works to everybody, sends flyers and brochures with stolen works out. And I believe everybody thinks those are his works. What can I do? What rights do I have? I told my boss about this but he's not gonna do anything, because the guy is somehow related to him... Any input is appreciated. Thanks. I just wanted you to know about this "company". Link to comment Share on other sites More sharing options...
STRAT Posted March 11, 2004 Share Posted March 11, 2004 well the property of those images belongs to your firm, not to you, and if your boss decides to leave it then there's nothing you can do unfortunately. it happens to me all the time in my job. Link to comment Share on other sites More sharing options...
Devin Johnston Posted March 11, 2004 Share Posted March 11, 2004 you should find out who the guy is selling his services to and let those people know he is using stolen work to represent him self. Link to comment Share on other sites More sharing options...
Ernest Burden III Posted March 11, 2004 Share Posted March 11, 2004 you should find out who the guy is selling his services to and let those people know he is using stolen work to represent him self. I would suggest not. Calling someone a fraud to their clients can get you sued. It's not worth your time, even. It isn't hurting you, just your pride and sense of moralism. Strat is right--all you can do is tell your boss, who owns the work, and let it go. Look at it this way--if he is showing work he did not do to get new projects, he can either do that level of work or he can't. If not, the clients will soon learn he has mis-represented his skills. I'm not saying you are wrong to be outraged, just that its not worth getting distracted by it, since you cannot chage the situation. Link to comment Share on other sites More sharing options...
Sawyer Posted March 11, 2004 Share Posted March 11, 2004 You are in a kind of poor position because nothing is "yours". You may have done it but it is the companies. If you wanted to move out on your own you might think about negotiation usage rights from your current company but really you are just an employee - unfortunatly. Link to comment Share on other sites More sharing options...
edgemaster Posted March 11, 2004 Share Posted March 11, 2004 Look at it this way--if he is showing work he did not do to get new projects, he can either do that level of work or he can't. If not, the clients will soon learn he has mis-represented his skills. Yeah hopefully it will show in his work like Ernest said. I've worked on stuff from a job and yeah it was on another web site before..But since they worked on part of the design the renderings where as much theirs as it was ours..But hey you could look on the bright side. Someone out there wants to be as good as you but can't on his own... Link to comment Share on other sites More sharing options...
isagreg Posted March 11, 2004 Author Share Posted March 11, 2004 Thanks everybody for replies. Yes, I am an employee at the firm and don't own those images. But I have an agreement with my boss that I can show my renderings to anybody because I do freelance works as well (sometimes). I found out about the website by accident. I was showing my portfolio to a potential client and the guy said "I've seen these images at this website..." After our meeting he said he would call me. We'll see... What if he thinks that I stole somebody's work? I don't have a website. Whom would you believe - the person with a regular portfolio or the "company" with "nice" website? Thanks. Link to comment Share on other sites More sharing options...
alexg Posted March 11, 2004 Share Posted March 11, 2004 I guess you can always set up your own website and put the images there. Maybe make them in a larger resolution and add some wires if possible, or make a tutorial out of it. Then just let the viewers decide which one is better. You can also take time to re-render the other projects and let him compete with that. Link to comment Share on other sites More sharing options...
Crazy Homeless Guy Posted March 11, 2004 Share Posted March 11, 2004 i vote for beating him up. Link to comment Share on other sites More sharing options...
isagreg Posted March 11, 2004 Author Share Posted March 11, 2004 i vote for beating him up. That's a good one, ha-ha. Link to comment Share on other sites More sharing options...
gnuhong Posted March 12, 2004 Share Posted March 12, 2004 I guess you can always set up your own website and put the images there. Maybe make them in a larger resolution and add some wires if possible, or make a tutorial out of it. Then just let the viewers decide which one is better. You can also take time to re-render the other projects and let him compete with that. Alex is right. When your prospective clients say that they've seen those images somewhere, you can always explain to them that some ex-colleague has stolen your work, then show them some hi-res and/or wireframe shots to prove that the work is yours. i vote for beating him up. Link to comment Share on other sites More sharing options...
Onslaught Posted March 12, 2004 Share Posted March 12, 2004 i vote for beating him up. I'll bring the baseball bat. Link to comment Share on other sites More sharing options...
isagreg Posted March 12, 2004 Author Share Posted March 12, 2004 Anyone can take anything from this damn place, nobody will even notice. All the machines are in network and everybody has a full access to the server where the files are stored. I bet he has hi-res images and even copies of the models too. Would you suggest to remove those images from my portfolio? I don't wanna get into situation like this any more... Link to comment Share on other sites More sharing options...
jucaro Posted March 12, 2004 Share Posted March 12, 2004 After all that has been said and done, IMO the best thing you can do is stop whinning over spilt milk and make a new set/batch of images which surpasses the image quality of the 'stolen images' If you are a better renderer than your former co-worker, then, that would be no problem at all. Just let it pass and crank up your competitive juices and beat the guy at what you do best. Cheers! Link to comment Share on other sites More sharing options...
isagreg Posted March 12, 2004 Author Share Posted March 12, 2004 I wanna thank everybody who listened to me. I'm gonna just forget about this... Thanks. Link to comment Share on other sites More sharing options...
Dreamer Posted March 12, 2004 Share Posted March 12, 2004 Maturely I logged to the site isagreg posted in his post...and while I was browsing just a hint jumped into my mind......why in the first place isagreg would post that url of his collogue showing his stolen illustrations.....wouldn't that be considered helping him much in marketing his services specially in such a professional forum....if I were u I might had re-considered posting any urls but anyway good luck Link to comment Share on other sites More sharing options...
isagreg Posted March 13, 2004 Author Share Posted March 13, 2004 Dear Dreamer: I posted that url because I wanted all of you to know what this "company" is doing. And this has nothing to do with marketing. Probably you're right I shouldn't have posted the website. Anyways, thanks for reply. Link to comment Share on other sites More sharing options...
dwright Posted March 13, 2004 Share Posted March 13, 2004 You should negotiate with your employer, have someone at your company write him a letter claiming that he has no rights to show that work, or at the very least force him to credit you and others in full. You can achieve this via your employer, talking to the right person(s) and intent from your side. Your heat/flame is useless, it always will be, it will only distract you and others instead use that energy for strategic thought, plan and you will get what you want. Start by writing formal letters to people at your firm, without flame, just be direct and honest and explain. Good luck, David Link to comment Share on other sites More sharing options...
dwright Posted March 13, 2004 Share Posted March 13, 2004 Dreamer, Your comment is valid; however this place is full of "competitors" rather than "potential clients" if you know what I mean. If this was an attempt of marketing, then good luck because it will NOT work! :-) Cheers, David Link to comment Share on other sites More sharing options...
Susan Posted March 23, 2004 Share Posted March 23, 2004 I've been thinking about how you should react in situations where others have seen your work on the other fellows website. You must remain thoroughly unruffled and explain that you both worked at the same firm where you headed up the project and he played some part in the modelling. The rendering, is completely your own but you understand that the other guy has some right to claim these as his since he did have some involvement. In this case you are not claiming fraud, you are simply implying that this was a junior person working with you and pointing out to the client the circumstance of "company property". You are not badmouthing, you remain totally calm and explain without a blink of an eye. The client should accept this and understand completely. Link to comment Share on other sites More sharing options...
luckytohaveher Posted March 24, 2004 Share Posted March 24, 2004 The correct answer is 'D' -- none of the above. Tell your employer about the 'theft' and 'misuse' of your employer's copyrighted work. Then he should have his lawyer send the violating individual a cease and desist letter. If that doesn't work then your employer can sue for copyright infringement which is calculated on a per infringement basis. The letter usually works because someone small enough to steal other's work is also usually timid when the lawyers get involved. "Sometime, the best revenge is pointing out the obvious..." Of course, your employer will probably appreciate the effort on your part to protect his brand, intellectual capital, and interest... See the links below... http://www4.law.cornell.edu/uscode/17/201.html "(b) Works Made for Hire. - In the case of a work made for hire, the employer or other person for whom the work was prepared is considered the author for purposes of this title, and, unless the parties have expressly agreed otherwise in a written instrument signed by them, owns all of the rights comprised in the copyright." AND http://www4.law.cornell.edu/uscode/17/504.html "Sec. 504. - Remedies for infringement: Damages and profits (a) In General. - Except as otherwise provided by this title, an infringer of copyright is liable for either - (1) the copyright owner's actual damages and any additional profits of the infringer, as provided by subsection (b); or (2) statutory damages, as provided by subsection ©. (b) Actual Damages and Profits. - The copyright owner is entitled to recover the actual damages suffered by him or her as a result of the infringement, and any profits of the infringer that are attributable to the infringement and are not taken into account in computing the actual damages. In establishing the infringer's profits, the copyright owner is required to present proof only of the infringer's gross revenue, and the infringer is required to prove his or her deductible expenses and the elements of profit attributable to factors other than the copyrighted work. © Statutory Damages. - (1) Except as provided by clause (2) of this subsection, the copyright owner may elect, at any time before final judgment is rendered, to recover, instead of actual damages and profits, an award of statutory damages for all infringements involved in the action, with respect to any one work, for which any one infringer is liable individually, or for which any two or more infringers are liable jointly and severally, in a sum of not less than $750 or more than $30,000 as the court considers just. For the purposes of this subsection, all the parts of a compilation or derivative work constitute one work. (2) In a case where the copyright owner sustains the burden of proving, and the court finds, that infringement was committed willfully, the court in its discretion may increase the award of statutory damages to a sum of not more than $150,000. In a case where the infringer sustains the burden of proving, and the court finds, that such infringer was not aware and had no reason to believe that his or her acts constituted an infringement of copyright, the court in its discretion may reduce the award of statutory damages to a sum of not less than $200. The court shall remit statutory damages in any case where an infringer believed and had reasonable grounds for believing that his or her use of the copyrighted work was a fair use under section 107, if the infringer was:" Link to comment Share on other sites More sharing options...
Susan Posted March 24, 2004 Share Posted March 24, 2004 Ted, You may have missed the bit where he said that his employer doesn't care because the rip off artist is the employer's relative. Link to comment Share on other sites More sharing options...
luckytohaveher Posted March 25, 2004 Share Posted March 25, 2004 True -- However, if you don't own it, you can't get mad... I guess. I have worked on some truly killer projects and am frustrated that I don't have access to much 'fair use' of the I.C. The bottom line is that you should probably look for other employment or send the 'theif' all your latest stuff -- that way his porfolio doesn't get out of date! Link to comment Share on other sites More sharing options...
Buttman Posted March 25, 2004 Share Posted March 25, 2004 I know some guys who can sort him out. Link to comment Share on other sites More sharing options...
Jim Mann Posted March 25, 2004 Share Posted March 25, 2004 You must remain thoroughly unruffled. Isa Susan is right, if people see you getting into a rage (understandably) they are going to be less inclined towards you. Play the guy at his own game and do your own website. Get yourself know as the creator of the work. Legal letters,written warnings and the like aren't going to help you once your reputation is compromised. Our community is affected by plagiarists unfortunately. I have had this kind of thing happen a few times. One in which the client was trying to get images that I had done for them published in a design magazine only for the magazine staff to go "oh yeah, nice images we've seen these before, X did them". Even with the client explaining to them that X hadn't done them they didn't change their mind. Recently I spotted a set of interiors that I had done on another 3D companies website. I did the images whilst working for a firm of architects, the 3D company had incoporated those images into a Director presentation that they put together for the architects and I guess that was their justification. Flipside to all though, is that I once entered an image that I and another guy had worked on for an award. Both names were on the entry form but only I got credited when the image was shortlisted. The irony was that although we had both done equal amounts of work on the image, the other guys contribution was the one that really made the final image tick. The only thing to do, is make sure the world associates you with the images you create by having your own website, getting your boss to enter the images for magazines, enter for awards and post to sites like cgarchitect. ...if that doesn't work, get Ronald to bring his baseball bat and give Fraz' associates a hand! Jim Link to comment Share on other sites More sharing options...
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