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How To Prevent Someone From Copying Design?

redAPPLE

redAPPLE

macrumors 68030
Original poster
May 7, 2002
2,690
7
2 Much Infinite Loops
hi guys.

first thing, i didn't find this topic while doing a search. sorry, if there is a similar thread, just point me to it, please.

hear me out.

i plan to create a website for a customer and i plan to create a "local" website on a cd or dvd, so he can see how the navigation works and all.

is there a way to "lock" the code and/or design, so it can't be copied or better said, so the guy can't give it to a maybe cheaper designer and steal "my" design?

or how do you guys do it? do you hope the customer doesn't steal your ideas and go to the cheaper designer?

any help, suggestion would be great.
 
No, there isn't a way to protect a cd like that. You could always show the website to them on your computer.

If there's that little trust between you and your client then I'd suggest getting out while your ahead.

This isn't an issue with me as I choose my clients carefully. I generally have good prior working relationships with them and trust that they won't leave. If you're really that worried you can set up your contract with your client so that you receive part of the payment on completion of the design and the rest of the payment on completion of the site.
 
Thats why you create mockups in PS so they can not steal your code. Trust me you're going to save yourself a lot of time in the long run, rather then designing and coding every idea you have.

ALSO, you should get a deposit up front...It won't matter much if they steal it from themselves.
 
Yeh Photoshop it and explain how it will work. Then once they commit to it you can do all the coding etc.
 
Or you can meet with them with laptop in hand. Let him/her play with the website while you're there so you can supervise it.

But like others have said - DEF get a deposit and a contract!!
 
Notwithstanding what the other posters have written, get a non-disclosure document signed. I understand your concern. In 1989, I had a hot HR program. It was built for the City of Seattle, but I maintained ownership and rights to sell it. King County was very interested. After a couple demos and meetings, I let them install it for more in-depth evaluation. The department head said he would draw up a purchase contract. Then a month of silence, except my calls, and his sudden unavailability. Eventually, I notified I was coming to remove it from their system. While doing so, I passed a cubicle where a near exact replica of my system was being developed. I spoke with the guy. He was re-entering my 'exact' code, but putting County headers and different field labels on it. Very disheartening.
 
i believe i am a nice guy and i tend to trust people more openly.

a couple of customers are small companies, which doesn't have a web presence right now.

considering that, would a "contract" and asking for a deposit scare the customer? do you guys have any experience regarding this? how do i approach them the best way?

there is a potential customer who has a web presence. the page was surely created in that frontpage program. i thought to send him information, how his page could look better, but again just quite scared of spending time and he says no and 6 months later, basically a copy of how the page should look like is online.

thanks for all your posts so far.
 
First rule: I can not stress this enough, do NOT work without a contract. It is not just to protect you, it is to protect them as well.

I am facing a possible lawsuit right now with my very first design client that I developed for years ago. I didn't work with a contract back then, and only started to do so a few years ago.

Because of a severe misunderstanding of our verbal agreement (actually because he is very intentionally trying to extract more from me than our original agreement) there is a very real possibility that we'll be going to court soon. I trusted this person. I felt a "contract wasn't necessary."

A contract is always necessary.

You see, because there wasn't a contract, I have no written promise to him, and he has no written promise to me for payment either, so this could get drawn out for a while.

It does not take long to draw up a contract. I highly recommend the book "Business and Legal Forms for Graphic Designers" by Tad Crawford and Eva Doman Bruck, It also comes with a cd with loads of examples on it that you have permission to copy, paste, and edit as you see fit.

Second rule: Your design process should always be: Get contract signed, collect some amount of money up front (usually half), design, get client approval on design (and design only!), possibly collect more money, develop the site (code), get final client approval, collect rest of payment, publish website.

Do not build a site whose design has not been approved.

Also, one more quick suggestion. It's not completely failproof, and it's not as good as a real copyright, but if you absolutely must give a coded site to a client on cd, create a copy and mail it to yourself, but don't open it, just stick it in a file drawer. At the very least it's a way to prove in court the date that you developed the code,
 
Oh and to answer your other question. The clients that are "scared" by a contract are precisely the clients that you will have issues with. Any good business person understands that a good contract is there to protect both sides of the deal.

I've been designing and developing websites for quite some time, and I've only ever had to walk away from two deals because the client wouldn't sign a contract. I never regretted it.

One of the hardest parts of business (any business), especially when you're starting out, is knowing when to turn business down.
 
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