Jorgen Poulsen
Posts: 227
Location: France
Registered: 30 Apr 2008
|
Replicating design features
Posted: 2 Aug 2009 at 10:23 GMT
updated: 2 Aug 2009 at 10:28 GMT
|
|
The last thing I want is to create enemies amongst the members on this forum.
During my process of creating my first virtual tour I showed my client different virtual tours from members of this forum in order for the client to see different buttons, hotspots, thumbnails, floorplans etc. etc. The client then decided what they liked and the virtual tour was created using the designs they liked.
Two members have contacted me about this matter and one is now demanding payments if I use his design features.
If the member's find that using other members' ideas is unacceptable then I will of course stop doing so and apologise to any members I might have upset.
I am just seeking people's opinion about using other member's ideas. Is it ok or not?
Thoughts?
|
|
alert moderator
|
|
Jez
Posts: 12
Location:
Registered: 19 Sep 2008
|
Re: Replicating design features
Posted: 2 Aug 2009 at 10:35 GMT
|
|
I think you are being a bit economical with the situation here Jorgen.
It appears you have lifted a loader and buttons from a tour of mine to use in your template - I don't think it is unreasonable to expect payment if you are going to use them for your business.
If however you have seen the buttons and loader and reproduced them yourself then of course that is OK. But I think that it is quite obvious this is not the case.
|
|
alert moderator
|
|
Jorgen Poulsen
Posts: 227
Location: France
Registered: 30 Apr 2008
|
Re: Replicating design features
Posted: 2 Aug 2009 at 10:59 GMT
updated: 2 Aug 2009 at 11:00 GMT
|
|
I'll tell exactly what the situation is.
I did not create the virtual tour and I have absolutely no clue how to 'lift' your loader and your buttons from your tour. I know nothing about flash which is quite obvious.
The developer of my virtual tour template is also a member of this forum and can himself answer how he created the buttons. I can't ask him as I am no longer in contact with him. He might have 'lifted' them and he might not. I never gave it a thought how he did it.
I can't see any floorplan buttons on your site so I assume that the button must have been reproduced which is OK according to you. Perhaps it's not far fetched then to think that the rest of the buttons have been reproduced too.
Anyway, as I said before, whatever the consensus is amongst the members here I will accept.
|
|
alert moderator
|
|
Amoscowdog
Posts: 16
Location: Sydney, Australia
Registered: 8 Jun 2007
|
Re: Replicating design features
Posted: 2 Aug 2009 at 11:23 GMT
|
|
Hi,
I've seen both the tours in question here and the buttons look the same.
As a general rule of thumb, if I'm using a contractor, I make sure I get them to either verify that the graphic work they do is their own design and that they have given me copyright permission to use it in the work they are doing for me and any derivative work I may create from the original. If it's not their work they must supply me with written notice from the original author that they have permission to use the work and that I have ongoing rights to use it.
I think Jez certainly has a right, if he is the original creator of the graphics, to request some form of payment if you use them, he could quite easily tell you that you couldn't use them.
If you are going to pay for them I would certainly ask for a set of icons in a format that can be repurposed, with font information etc.
|
|
alert moderator
|
|
Hans Nyberg
Posts: 2791
Location: Denmark
Registered: 28 Aug 2005
|
Re: Replicating design features
Posted: 2 Aug 2009 at 11:30 GMT
|
|
I have seen this loader several times before but I never seen your page Jez.
I guess it is replicated by many as it is actually just a simple rectangular grey or black area with the loader. I could very well have done it like this without ever seen your.
The arrows are just simple Webdings on a square button so that is very easy.
I could understand you if the loader was a special design which you also used on all your tours but I can only find it on one of your tours.
Hans
|
|
alert moderator
|
|
Jez
Posts: 12
Location:
Registered: 19 Sep 2008
|
|
Jorgen Poulsen
Posts: 227
Location: France
Registered: 30 Apr 2008
|
Re: Replicating design features
Posted: 2 Aug 2009 at 11:37 GMT
updated: 2 Aug 2009 at 11:55 GMT
|
|
Because they look the same does that mean it couldn't have been reproduced?
Jez, do you agree that the floorplan button have been made from scratch and is not 'lifted' or reproduced?
|
|
alert moderator
|
|
gus
Posts: 574
Location: United Kingdom
Registered: 19 Jun 2007
|
Re: Replicating design features
Posted: 2 Aug 2009 at 11:43 GMT
|
|
Looking at the 2 panos, it does appear that the buttons have been reproduced. 3 solutions:
1) Prove they're not by sending the original buttons to Jez for inspection
2) Pay the man for using his graphics, if it belongs to him.
3) Remove them, aplogise, and create your own.
Please don't let this run into another 10+ page thread..... 
Gus
|
|
alert moderator
|
|
Jorgen Poulsen
Posts: 227
Location: France
Registered: 30 Apr 2008
|
Re: Replicating design features
Posted: 2 Aug 2009 at 11:55 GMT
|
|
Surely the floorplan button could not have been lifted as Jez doesn't even have one on his website.
Don't worry it won't turn into a 10 page thread.
I have asked Jez a couple of times how much he wants if I indeed have to pay. I'm not getting any answers.
|
|
alert moderator
|
|
Jez
Posts: 12
Location:
Registered: 19 Sep 2008
|
Re: Replicating design features
Posted: 2 Aug 2009 at 12:33 GMT
|
|
@Hans
Yes, it would be quite simple to replicate these features. But to use the exact font, and for it to be pixel perfect is stretching it a little.
"I could understand you if the loader was a special design which you also used on all your tours but I can only find it on one of your tours."
I cannot see the logic here - are you saying that as you can only be found on one of my tours, then anyone should be able download it and use it?
@Jorgen
"I have asked Jez a couple of times how much he wants if I indeed have to pay. I'm not getting any answers."
No, you have asked me once on the FPP forums.
I'm going to totally leave this up to you Jorgen - if you ascertain that the features were replicated, then great. If not, then a PayPal donation of your choice would be greatly appreciated.
|
|
alert moderator
|
|
Hans Nyberg
Posts: 2791
Location: Denmark
Registered: 28 Aug 2005
|
Re: Replicating design features
Posted: 2 Aug 2009 at 12:59 GMT
|
|
Yes I now checked them in my Activity window and as I can see the button are both swf and they have identical size in bytes (508) they must have been saved from your site I believe.
But as you can see they created several extra matching the design so it is very easy done. And the design is what I would call very generic for buttons using standard signs and fonts.
My own buttons here made long ago are very similar.
asb.360-foto.dk/flash-2.html
If I used filled black arrows (webding) they would almost match.
Hans
|
|
alert moderator
|
|
Jorgen Poulsen
Posts: 227
Location: France
Registered: 30 Apr 2008
|
Re: Replicating design features
Posted: 2 Aug 2009 at 13:12 GMT
updated: 2 Aug 2009 at 13:16 GMT
|
|
Jez,
Further to Hans' message it is now clear what my developer has done. I apologise for that.
I now have two choices
1) pay you. You are the one who demands payment so you must tell me how much you want. If you leave it up to me then I will pay you 10 euros for the perpetual rights to use your design for the loader and buttons. I will require you to supply me will all the relevant files and information so that I can modify the design
2) delete yours and pay somebody to design similar loader and buttons from scratch as you have already stated you don't mind that. I can have that done in India for 10 euros. That way the font will also be the same.
3) delete yours and design some looking slightly different looking or use free ones
Please let me know what you prefer.
I apologise again for having made you upset.
|
|
alert moderator
|
|
Jez
Posts: 12
Location:
Registered: 19 Sep 2008
|
Re: Replicating design features
Posted: 2 Aug 2009 at 14:33 GMT
|
|
It seems that option 2 or 3 would be best as you are unable to consider a fair donation.
I would have to charge you time to find and organize the relevant files + a little on top - this would obviously come to quite a bit more than the 10 euros you would have to pay for the job to be done in India.
As Hans pointed out, the loader and buttons in question are quite simple and generic - it may be an idea to ask for a loader and buttons that will give your tours more of an identity and fit in with the overall interface design.
All the best, and I look forward to seeing your tours when they are finished.
Jez
|
|
alert moderator
|
|
Jorgen Poulsen
Posts: 227
Location: France
Registered: 30 Apr 2008
|
Re: Replicating design features
Posted: 2 Aug 2009 at 14:46 GMT
updated: 2 Aug 2009 at 14:49 GMT
|
|
I have alredy found a new and much better loader so that problem has been solved. It's even free.
Many people have offered me to use their buttons for free so that solves that problem too.
It seems as if our issues have been resolved.
Thanks for bringing this up as it will lead to a much better virtual tour and I have also learned to be selective with my developer.
Thanks Jez
|
|
alert moderator
|
|
Doug Aurand
Posts: 3282
Location: Albuquerque, NM, United States
Registered: 2 Jan 2008
|
Re: Replicating design features
Posted: 2 Aug 2009 at 14:52 GMT
|
|
Jorgen
Since Jez is unwilling to ask for a specific amount and move on, you have 2 options
1. Ignore him until he spends some money on an intellectual lawyer who will charge $300 to write a cease and desist letter, then change the loader and buttons. Leaving him with nothing
2. Change them now and leave him with nothing.
He's fishing for a big pay day instead of reasonable compensation.
Doug Aurand
Albuquerque, NM
|
|
alert moderator
|
|
Prev
