The brain power of your average copyright thief

Copyright theft is - in my view - the work of those with limited intelligence and even more limited creativity. Someone who blatantly copies the creative outpourings of another generally belongs in one of two camps:

• those who think copying a design is some form of great 'achievement', and
• those who are just plain dumb and think they would never be caught.

Unfortunately, copyright theft isn't something you can prevent. But you can remedy it.

Protect your work from the word go

There can't be many designers who have never lost some work somewhere along the line. Those who may have been unfortunately to lose a lot of data will no doubt have beaten themselves up over why they didn't make backups. Taking backups isn't just about preventing loss of data - it will also help to prove your case when the unthinkable arises - someone has copied your design and is passing it off as their own work.

Taking regular backups can be a difficult habit to form, but it if you're freelancing it pays to develop a backup strategy. Your backups should include at least the following:

• all source files related to your project - now matter how insignficant they may be
• all communications between you and your client. If you use Outlook, export emails to a separate .pst file and include that in the backup.
• scanned copies of receipts for stock clipart, fonts etc.

Write each backup to it's own CD. Discs are as cheap as chips these days - so I won't hear any complaints about the cost!

Label each disc clearly with

• the date of the backup
• the name of the project
• the client's name.

Keep related discs together in one place. Personally I use those very cheap paper sleeves for each CD then place them all in a larger envelope which I seal and label when the project is completed.

By becoming religious about backing up your work, you will also be creating an audit trail should you ever find yourself contending copyright ownership.

Make your copyright known

If you have your own site be sure to make your copyright abundantly clear. If space is limited, each page should carry your general copyright statement with a link a page with a full description.

My own copyright statement is accessible from every page and makes my position quite clear. There are many useful resources on the internet that provide sample copyright statements that you can personalise for your own use. However you choose to work your copyright statement, you should seek legal advice before you publish it.

Discovering your work has been copied

Before you fire off that angry 'get your hands of my design' email, take some time out. Go for a walk or swim. Tackling the issue head on while you're angry isn't just unhealthy - it could potentially damage your professional reputation!

Then, when you're calm again, take time to establish exactly what it is that's been copied. Is it the entire design, specific parts, some copy? Be absolutely clear about what you intend to complain about.

Plan how you intend to present your case. It's always a good idea to use screenshots comparing your work with the other person's. Ideally, these should be annoted to show exactly which parts of the design you believe have been copied. The screenshots should be accompanied by a politely worded email or letter. Remember, the person who will receive your complaint has the power to flame you anywhere he or she chooses - another threat to your reputation. Be civil at all times.

Tracing the perpetrator

It is very rare for anyone with a presence on the internet to be untraceable. Even if their site doesn't display an obvious email address or contact form, there are plenty of other methods that will enable you to make contact. Search engines are, of course, the first port of call. Domain lookup tools (such as WhoIs) may help you trace the site's registrant if search engines have drawn a blank.

The person who recently ripped my design for 'Mpress' wasn't easy to find at first, but eventually I tracked him down to his profile on Deviant Art where he had published his email address.

Composing your message

As I mentioned above, your first contact with the other party may well influence how well you are able to resolve the issue between you without involving lawyers.

Your first message should be to clarify whether or not the addressee is actually the site owner or publisher. Never assume that any positive search results are going to lead you to the right person.

Once you are sure that you're addressing the correct person, list your complaint(s) clearly and accompanied by the screenshots you took. Be polite but firm in your request to have the offending material removed - threatening legal action should be a last resort.

What happens next?

The outcome of your complaint really depends on how the other person reacts to your email or letter - and may require you to be more forceful (but still polite) in subsequent communciations.

In my experience, standing your ground yet remaining professional will eventually do the trick without the need of legal intervention; if you do need to resort to legal representation, hopefully you will have all the materials you need to support your case and minimize any cost implication.

Coming soon - how to spot a dodgy client

If you've ever got yourself into a fix with a difficult client then you'll probably have wondered why you ever got involved with them in the first place.

The next article in this series will help you spot a difficult, unscrupulous or unreliable client before you sign on the dotted line, and how to deal with a client relationship that goes bad.