Logo design client asking me to replicate something else

J

jma123456

New Member
I had an enquiry about designing a logo for a client, who asked me if could replicate the image they had attached. They had made a logo on an online generator, but as it didn't give them the logo in anything other than jpeg they asked if I could replicate it so they had it in EPS PNG etc.

I refused to replicate the logo exactly as I did not want to get into trouble with copyright or anything. I did however, design something very similar, but made completely from scratch.

I have suggested to the client that we change it slightly to make sure it is different enough that we don't run into trouble but they seem happy enough that it will be fine.

In this situation, what are the regulations? I have only done what the client has briefed me to do, so who would get in trouble if that generator company said it was too similar (if in the 1 in a million chance they came across it).. me the designer or the company using the logo? After all its the company that wanted that logo, all I did was design it? Or is it my responsibility to say to the client 'no we need to change it bit more' ?

Thanks for your help in advance!

J
 
Absolutely no problem whatsoever in replicating the logo in vector format.

You're not designing the logo - you're creating a hi-res version of a logo they paid for. I'd just charge my hourly rate to produce the vector.
 
Hank, it could be the generator only supplied jpeg because it hadn't been paid for.... so maybe a grey area in regards replicating it.
 
Still would not be concerned. It would be between the company and the logo site. You're not designing anything.

If you want to be fussy you could ask the client to submit in an email that they declare they have full rights and ownership of the logo.

The only real worry here is how ethical it is. Are you happy potentially ripping off a non paid for logo. Will you get paid? Etc
 
" The Company retains all ownership, copyrights and any other rights to the Company Design. Customer is prohibited from selling, assigning, modifying, recreating, or transferring rights to the Company Design."

This is an extract form the generator's terms and conditions, this sounds to me like no matter what you pay, the generator retains copyright ownership so that they can use across multiple customers?
 
Well then they should drop that logo altogether, and move on with a new design. Even if you modify the design slightly it would still breach the terms and conditions + copyright etc.
 
ok thanks for the advice. In a situation like that, if someone were to claim that it was too similar who would be the one in trouble? as a designer had been instructed to carry out that work, so would it be the company responsible? or the designer who carried out the work?
 
As long as you make it clear in emails or writing of some sort that it is too similar to the original and would breach the copyright etc.

Save these emails/writings that confirm that you are commissioned to continue on doing the work for them and that they are aware of the copyright issues brought to their attention.

The only real question here is ethically are you ok going forward with this?
 
I'm not so sure you'd be ripping off some poor struggling designer or anything like that.

These sites are usually just clip art based and it's probably questionable where they get their content anyway.

For me I'd want to change it anyway because I wouldn't like to copy something directly but that's me.
 
scotty said:
These sites are usually just clip art based and it's probably questionable where they get their content anyway.
Click to expand...

This was my thought. A lot of these sites just rip vectors or designs from designer's sites so I'd be wary of any using anything like this. A logo should be unique, so unless each one is procedurally generated, you're likely to find someone else using a very similar mark somewhere.

If it was me I'd try and design a new one. If the budget doesn't allow, I'd try and tweak it. If budget still doesn't allow, I'd just copy it, give the client the files and forget about it.
 
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