Copyright infringement?

[GeorgeKing]

Looking for some advice...

Have a look at one of the virtual tours on www . alexthompsonphotography . com/projects/index.html

Now have have a look at www . pikodesign . com / tour /gch or any of my other tours for that matter.

You will notice that the tour interace/buttons etc. are in effect the same. This is a recent change as the last time I was on his site there was a different interface in place.

Clearly Alex Thompson has deliberately stolen a few things....

Firstly the icons which comprise the user interface. Some I designed myself but the majority I purhased from www . istock . com. So he is also guilty of theft from the origionator of the icons selling via istockphoto.

Secondly the virtual tour user inteface is of my creation and has been honed over several years to its current form - this is the point over which I am most peeved! My clients know my tours by it, my work is recognised by it and it forms the core functionality of every tour I produce and plan to produce.

So what should I do about it ?

Any suggestions welcome.

Regards
George King

 

[awebapart.com]

Nice photos George.

Are you using another company's flash virtual tour software component, if so then unless you purchased the software outright on an exclusive basis, there is nothing to stop the software company selling the component to someone else.

If you are using stock icons then unless you purchased the icons outright on an exclusive basis, there is nothing to stop the stock photography company selling the icons to someone else.

When you say the virtual tour interface is your creation, what exactly do you mean by this, i.e. what part of the interface is your design and what part is the design of the Flash component makers? How flexible is the Flash component in allowing designs, e.g. placement of icons, override of icon images, override of help text etc

 

[GeorgeKing]

Hi,

The tour software "engine" is Flash Panorama Player or FPP as it is commonly known.

I don't hold an exclusive license for the icons and items can be placed anywhere within the FPP player window.

The items to which I refer are the help screen and control toolbox in the bottom left of the screen. Is this look and feel? These are made up of both licensed icons from iStock and origional artwork by me....if that makes it clearer.

Thanks

 

[fisicx]

I can't see what he has stolen. OK so the icon might be the same but since there are hundreds of 360 tour sites there is always the chances of some duplication.

I'd also argue that the interface isn't particularly unique either, I've seen many similar themes over the years and I'd be quite chuffed if someone copied my ideas.

 

[GeorgeKing]

Fisicx,

I agree that of the hundreds of 360 sites - there similarities between them and there is ultimately a limit to the variations possible. I myself have seen tour interfaces which looked great and were really easy to use and wished I had designed them - but I didn't go and copy them at the end of the day. I am sure if I lifted artwork from Will Pearson at Eye Revolution I would soon hear from his solicitor.

I would also add that I cannot at this stage prove that there has been deliberate theft. Lets say then that the artwork is of such striking similarity it leads me to think that the artwork has been copied.

And yes, the icons could be licensed from istockphoto but given that one of them is not included in the icon set but created by me, it again leads me to believe the artwork has been copied.

At the very least I think there must be a look and feel issue if such a thing exists?

Regards

 

[awebapart.com]

If your original icon artwork is obviously original (not just icons used elsewhere before with a style to blend in with the style of the other stock icons) and your original artwork icon has been copied, you should be in a position to request that the person remove or replace that particular icon.

As for look and feel, you are on more dodgy ground. For photo viewing it is common sense to place permanent controls away from the centre of the image, there are only so many ways you can rearrange a few icons, and most of the functionality is probably determined by options within the software component.

 

[awebapart.com]

These are made up of both licensed icons from iStock and origional artwork by me

If you suspect that the icons have been copied directly from you without a license being purchased from iStock for the iStock icons, then you could report this to iStock. iStockPhoto's owners Getty take copyright infringement of their licensed images quite seriously.

 

[360interactive]

Hi George, just taken a look at the sites.

There is certainly a similarity in the GUI's used in both sets of tours. He has used the same stock images as you, and the same layout, although he has his locations on the right hand side.

As others have said, the layout for things like this does tend to be the same on most sites. As he has also used stock images, as long as he has paid istock to use them he can. His help overlay at the beginning is very similar to yours, although I still don't know if you would be able to claim for this, as I have seen many sites with a similar layout, wording, mouse image etc.

The part that does make me wonder is the icon that YOU made and designed. If this is your work, and he is using it, then he has clearly breached copyright. (which one is it by the way?)

If this is the case, I suspect a letter informing him of this fact could scare him enough to change his layout slightly.

The problem with using istock for things like this is that anyone can then come along and use the icons. This may hurt your business as if they visited him first, then you, you're the one that looks like they copied. Why not get a set of icons done especially for Piko?

If he has copied one of your icons, and used your wording and text, it makes me wonder how much common sense he has? You both provide virtual tours, both in Scotland 9there aren't that many high end VT suppliers in the uk), surely he realises it would only be a matter of time before you noticed?

 

[GeorgeKing]

Maybe I should go and get a bespoke icon set done, save any frustration in the future I suppose. Had another look and my icon is not being used - I must have saw it through the red mist!

They do have exactly the same Photoshop filters applied which are not on the origional icon set so I am pretty sure they have just been lifted from my images folder.

Ah well, on with another day.