Wednesday, May 27th, 2009
Optimum Design & Consulting? Copyright Fail and Design Theft
This one stings a bit.
Luckily my design wasn’t stolen (that would make the 6th time this year) but everything else was: including my Google Analytics code. And maybe that is why it stings a bit, because I saw “optimum design” in my keywords report (for a few months now) but thought nothing of it. I shrugged it off because I also saw “movie bird poo makes boy invisible” in my keywords too…
But back to NYC-based Optimum Design & Consulting. Given their “design” I’m wishing they had copied my graphics, too, but oh well. Several people that I’ve shown this too have noticed that the site has a rather large blurb (under “resources”) on copyrighting. Here’s the opening paragraph:
“In today’s tough business climate, there has been a disturbing trend among professionals in the commercial visual arts to sidestep the issue of copyrights. In part, designers and illustrators are becoming reluctant to raise the issue of copyright in the fear losing clients. Ignorance of he concept of copyrights among young or inexperienced designers and illustrators is also a factor. Unfortunately, this situation contributes to the erosion of creative rights and the loss of income for the entire visual arts community.”
Learn more about Optimum Design & Consulting’s stance on Copyrighting here. If you view it on “their” site it will popup in a sweet HighSlide box.
This post isn’t to trash Lara and Rebecca (of OD&C) and despite the ridiculousness above I wish them well in business, especially these days. That being said, there is a larger issue here that I’ve really only touched upon quickly in a previous blog post, on Twitter and now a somewhat permanent footer message on my site. The offenders (below) haven’t stolen clients from me, or cost me business, or made any personal attacks other than taking my work (and sometimes, taking credit for it). But apparently this is happening to designers everywhere.
Aside from the Google insight above (and the first site rip by Gurdeep) all of these have been brought to my attention by other people, either on Twitter or email. The first few were somewhat flattering and since the rippers were so far removed (outside the US) I wasn’t particularly bothered. But when I saw that Jason (below) not only graduated from the same college as me but also works in the same city as me (designing, no less) I was appalled. And very surprised.
So I sent gentle emails to everone requesting that they remove my graphics/content. Some of them complied (see for yourself, I’m linking to the sites that originally had the rip). Others didn’t (I’m looking at you, Nazmul). Let’s take a look at the “bio” page for each of these.
Now that I’ve gotten that awkward introduction out of the way I’d like to propose a 3-step process for future offenders (of any work, really):
1) Stop and think. Not about whether or not you should do it (obviously you shouldn’t). Think about what you like so much about the design (website/logo/whatever). Are you blown away by the font usage? Does the texture/light make it pop? Find out what it is that you’re attracted to first before you end up on a list like this (and have your name dragged through the mud on Twitter). Critique your reaction as much as you would the actual work.
2) Get some perspective. Click around inspiring galleries (logopond, bestwebgallery, ffffound to name a few) for 10 minutes (but stop there) and then walk away, because now that you’re inspired you need to come up with something somewhat original. Can’t think of something it? Partner up with someone who can. Email the original creator for inspiration. If you don’t have the technical ability to pull it off, hit Google. You’ll learn more in a few hours of searching than you could in some university-level classes (mostly because the internet is so immediate and ever-changing, not all courses can keep up).
3) Experiment until you’re happy. You shouldn’t rush yourself (unless you work better that way). That being said, if you’ve spent months on something and you’re still not happy, experiment in a different direction. Experiment in something you’re good at. I know that I’m not a programmer, so I won’t mess around in Javascript even with Google as a resource. I’ll ask for help, or find an open-source solution. If you’re a pro at a certain style, process or program: go all out. I don’t consider myself a pro at any particular design area, but rather comfortable in all areas (a well-roundedness that is both wonderful and frustrating).
So…
If you’ve copy/pasted my/someone’s source code you’re not in trouble until someone else sees it (and they will see it). You’re not in trouble at all if you use it as inspiration or education to create something original, something different. But if you’ve left someone else’s Analytics code in you might want to re-think things a bit. Doubly so if you’re a consulting company.
14 Comments Categorized { Design, Long One, Ridiculous, Sursly Stuff, photo }


















May 27th, 2009 at 11:44 am
I don’t understand how anyone can actually steal a design, I can understand heavy inspiration, I can understand taking elements, but copy and pasting source code? I’ve always been tempted to; I’m a terrible designer, but I’ve always settled with a design that I’ve created myself, it might not be of good quality, or worth looking at, but it’s a hell of a lot better than looking at someone else’s work. if you’re incapable of building your own website, what are your clients going to get? It’s terribly misleading.
May 27th, 2009 at 12:50 pm
[...] web developer Tyler posted something that annoyed me enough to make me want to repeat [...]
May 27th, 2009 at 6:37 pm
I’ve had stuff ripped (even entire brands by a client’s competitor!) before, but one of the worst was when a “design” firm not 10 miles from us put a screenshot of our site in their portfolio for their web design section. We found out when a potential client of theirs called us for a reference to verify the work that THEY did for US (our site)! An odd conversation ensued but we actually ended up working with the their potential client, who’s now our client as has been for several years.
May 29th, 2009 at 12:25 pm
Tyler, Sorry to hear about the rips. Now you know how the RIAA feels (that’s a joke). One thing I noticed what that when you strip the css away the same “Oh no! You are using a pretty out-of-date browser (Internet Explorer 6 – whoops!)…” comes up. Other than post in your blog and spread the word, is their nothing you can do to protect your property?
Good luck,
worker down the road
June 10th, 2009 at 10:51 am
Optimum Design site should post a warning about their migraine-inducing graphics before clicking through. I may be a hillbilly designer but this hillbilly is smart enough to recognize when a carnival is best left out on a Wal-Mark parking lot, not a business website.
June 23rd, 2009 at 12:39 pm
I really like your site. You have done a great job and I’m so sorry to see that it has been ripped off. Keep up the great work!
You are very “rightfully paranoid”!
June 23rd, 2009 at 12:40 pm
Oh, and thanks for the Blackout font as well!
July 3rd, 2009 at 4:35 pm
I understand your pain! When Eve 6 dropped “Heart In A Blender” I was shocked. And very surprised. That shaved monkey of a lead singer didn’t even bother to paraphrase me when he said, “Wanna put my tender heart in a blender,
Watch it spin round to a beautiful oblivion,
Rondezvous then I’m through with you.” They don’t just jeopardize their reputation when they do that, they damage our collective soul.
PS. Collective Soul also stole something from me:
“Yeah”
July 26th, 2009 at 8:39 am
That is a bummer to hear how many times your work has been plagairized. I keep hearing abuot this from many designers, it’s so commonplace!
You are an exellent designer though, keep doing what you do!
~Lauren
October 8th, 2009 at 3:47 pm
[...] Fink (sursly.com) for awhile. When I first started following his blog updates, he had just posted about having had his design ripped off by other “designers” around the world. Being able to relate to his frustration, I really appreciated his thoughts on the [...]
October 9th, 2009 at 3:24 pm
I love how the front page of the link you provided in your post to (logopond.com) contains an advertisement for “Domain Log Book” which clearly is a rip-off of the Mac OS X Address Book application icon. Is that ironic or what?
December 15th, 2009 at 8:34 pm
Sorry you’re being ripped. I think it would be flattering at first, but then rather annoying. This happened to me during my education, but never professionally. Either way, YOU know who created what first, right? I guess that’s all that matters. Keep up the good work.
April 20th, 2010 at 10:19 am
Comparing Optimum Consulting’s use of your script with yours, and the hideous tattoo site with your site for Gavin is actually a really great lesson in design! I’m no pro, like you, but I can see how integral the function is to the design of your sites. They are elegant solutions.
For them, there is a total disconnect there – it just becomes a gimmick. Not to mention that OC’s site takes you to the brink of grand mal seizure.
June 30th, 2010 at 4:50 am
I agree, I am living in Canada, and I looove your show and would love to see what you could do for us !!!I think it would be FABULOUS!