After spending some time browsing through the copycatz forum, I have noticed it could use a FAQ at the very top that clearly defines the terms of ‘ripping’ to prevent the nonstop arguments that go on over what ‘is’ and ‘isnt’ considered a rip. I will start by contributing my definitions to try to help clear up some of the confusion, and get this thing off the ground. Additionally I have included information about dealing with rips, based on analysis of the most successful methods. I would also like to work on a scale that people can use to reference the magnitude of a rip (maybe between 1-5) based on the guidelines that are set.
Classification
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1) Any imagery, sound, layout or animation that is directly copied from its original source, captured via printscreen, decompiler, or sound recorder, and then re-used on another website, publication or other media published after the original is a direct rip.
2) imagery, layouts, animation, or sounds that are identifiably similar to an originally published distinct work, but are not the same due to the fact that they were recreated based on a previously published media is considered ‘copying’. This is considered theft of intellectual property, and ranks just below direct ripping.
3) imagery, layouts, animation or sounds that slightly resemble an originally published work are considered ‘inspired by’ This is a loose term and must be better defined to distinguish works that are coicidentally similar. In order to better narrow it down, typically inspired works feature one or a few similar elements of an original, including dimensions, colors, imagery, or effect.
It should be noted that design trends commonly used by designers may be considered ‘inspired by’ depending upon the magnitude in which they are used, level of distinction, and if an original source can be attributed.
Dealing with rips
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There are many ways to go about dealing with rips. I recommend handling these situations professionally, because the results are more beneficial for all parties involved.
1) Contact person responsible for published rip inquiring who created the rip, when it was published, and politely notify them they are in violation of copyright laws, and are legally liable to damages due to theft of intellectual property. The most common emotion people feel upon discovering a rip is anger, and often they act upon this emotion by verbally assaulting the person with contact information on the rip. Keep in mind that starting a flamewar might allow you to blow off some steam at the moment, but will not fix the situation.
2) Remain polite in discussion, do not cuss, or yell or show signs of anger; show signs of patience. This is the best way to get a rip taken down. It also allows you to pursue legal action if necessary. It is much harder to successfully sue someone if they have evidence that you vebally attacked them.
3) If you discover a rip of someone elses work, contact the original author first notifying them. It is their resposibility to contact the ripper, not yours.
Feel free to add other comments or questions about this text, it could serve as a great resource in the community, coming to a consensus is inportant in this case.
That’s a cool start for an FAQ!. Let’s refine this in the next days.
Let’s explain some symbols, cause I see them used incorrectly now and then:
© = Copyright
The C-mark is used next to an original work to show the public that it is copyright protected and therefor cannot be copied, distributed, recreated, etc without an agreement by it’s original creator. The correct minimal usage of the copyright notice is as follows: ©2003 Ultrashock LLC (Copyright sign, first date of publication, copyright owner/creator of the original work).
® = Registered Trademark
May only be used when marks (such as names, symbols, logotypes, taglines, slogans, products, etc.) have been federally registered. It’s actually a United States requirement. European law doesn’t require you to put the R-sign next to a registered mark, if only registered in Europe.
TM = Trademark
The TM mark is used to alert the public, and does not require filing federal applications. It’s pretty much a claim of ownership. The preferred usage is a smaller superscripted text : i.e. Ultrashock™.
SM = Service Mark
The Service Mark (sometimes called Slogan Mark) refers to a unique service. It appears on any form of advertising and literature ie: (slogans). It does not require federal registration. The preferred usage is a smaller superscripted text.
More info about copyright on these links:
10 Big Myths about Copyright explained
Trademarks and Copyrights Frequently Asked Questions
The United States Copyright Office
The Copyright Website
Web Law FAQ
- 04 August 2003 07:50 AM
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hey Arrayed….....glad you are for constituting some rules….
lesser greatness has happened by defining politics…......
good show ...........
- 05 August 2003 03:22 AM
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With regards to all the ripping conversations that US has seen lately, I propose a “ripping scale” system so that subjectivity can be minimized. If I left any areas out, please let me know. Provide your own scale if you wish. I’m not doing this to be arbitrarily pedantic; it merely seems people say “rip” or “no rip”, yet there are gray areas in between.
Here is my start below. I argue that Levels 1 and 2 constitute solid “rips”. Levels 3 and above are “not guilty” in my eyes.
RIP LEVEL 1 - Swiffed or duplicated exactly as the original. Kill the bastard (e.g. Template Monster).
RIP LEVEL 2 - Site definitely seen by designer and inspired by; at least some material duplicated almost identically.
RIP LEVEL 3 - Site inspired somewhat; obvious that designer saw “original” and was influenced in design with no obvious design duplications
RIP LEVEL 4 - Coincidental similarities of sites at best; unclear whether designer had seen “original”.
RIP LEVEL 5 - Little or no resemblance.
Thanks for your consideration.
-Matt
- 15 September 2003 08:19 PM
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Apologies for duplicating a similar threat to “arrayed” dealing with RIPPING (COPYCATZ FAQ). I didn’t see it here in Copycatz.
- 15 September 2003 08:35 PM
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I’ll sticky this for now, Matt. It’d be nice to see a system like this implemented.
- 15 September 2003 08:58 PM
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Originally posted by DigitalOne
I’ll sticky this for now, Matt. It’d be nice to see a system like this implemented.
Thanks, D-One. I just think sometimes we’re too quick to shout “RIP” without taking each comparison on a case by case basis.
Many designers who work very hard—some of whom may be young or new to design but may not yet have developed their own styles—can be obviously influenced by the more prominent, well-known, and edgy designers who get the most press. I feel their work should be examined fairly rather than attacked outright, and guidance be given if they do “cross the line”. Likewise, outright knobs who steal repeatedly for profit should be dealt with accordingly.
We should encourage those who are doing all they can to explore their creativity without prosecuting the innocent.
- 15 September 2003 10:29 PM
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Author
I was hoping someone would add to the idea of a ripping scale, and I totally agree with what you have so far. The only thing I would add is a level above level one for “printscreeners” who steal directly without even trying to recreate. I also tried to implement guidlines for other forms of media, including flash, graphics, sounds, music, video, 3d, etc.
This thread is good though because it is more obvious than just “FAQ” Maybe they could be merged and renamed “Ripping Scale / FAQ” so that other people will notice it that may not have already read the FAQ (also containing peter’s great IP/© info).
- 16 September 2003 03:12 AM
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currently I think I’m in the level 3 ... (reffer to macromedia.com threads by me )
- 23 September 2003 12:02 PM
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I’ve merged two threads into one big Copycats FAQ. In addition I’ve made some modifications to the Copycat Level classifications. In my opinion using the title “RIP” on everything just isn’t appropriate. I agree with the Levels concept but I simply felt the descriptions and titles needed some clean up. So..Here we go.
From my experience, LEVEL 1 and LEVEL 2 (to a lesser extent) are serious matters that should be addressed by the individuals involved. LEVEL 3-5 are matters where the disgruntled party should simply laugh, smile and shake their head and move on. Oh..and maybe send a sarcastic e-mail…but I’ve never done a thing like that.
LEVEL 1 “RIP” - Use of decompiled SWFS, Screenshots, actual pieces of a site from the original, assets duplicated exactly like the original. Stolen sound effects are also included in this classification. Basically re-using pieces of a site in your own site. Pretty easy to spot.
LEVEL 2 “COPYCAT” - Site definitely seen by designer and inspired by; at least some material duplicated almost identically. I think here it is important to use the Term “Copycat” instead of a RIP. This pertains to Overal design, design elements, layout, color choices and sounds which when combined together form a distinct resemblance to the original. In my opinion this can also pertain to copied motion effects but only on a gross scale. An example of this would be taking the layout of the 2Av3 site (big main graphics area with 3 boxes of information below it) using the exact same motion effects and vector effects , using the same 45 degree angle title bars, but simply using different graphics of satellite dishes.
LEVEL 3 “INFLUENCED” - Site inspired; obvious that designer saw “original” and was influenced in design or design style of the site with no obvious design duplications. An example of this might be taking taking simply the layout of the 2Av3 site (big main graphics area with 3 boxes of information below it) but going into a different color palette..using completely different set of graphc styles and not using similar motion effects.
LEVEL 4 “STYLISTIC SIMILARITIES” - Coincidental similarities of sites because of a design style; Designer may have seen “original” but is also simply executing an existing trend or style. For example trying to compare two minimal sites.
LEVEL 5 - Not even any stylistic similarities. For example trying to compare www.2Advanced.com to www.ferryhalim.com/orisinal/
As with anything there will always be grey areas. Especially between levels 3 and 4. As people grow and develop as designers it is natural to see something and be inspired by it enough that you re-create it. Everyone does it or has done it EARLY in their careers. Mostly these experiments are left on the computer and never see the light of day.
Since I am an untrained designer I’ve always had to learn from observing others. I’ve always associated Design to playing the guitar. At first you have to play other people’s songs to get your skills down. Then after you have done that its time to write your own music if you want to complete your evolution. Just be careful of how influenced you are. The worst offenders I have ever seen were by young designers who had short deadlines and had no ideas. They therefore copied entire sites simply because of lack of time or ideas. Unfortunately those situations usually ALWAYS come back and bite the person in the butt when the company is contacted for copyright infringement, and the entire design has to be changed and you have to go and tell the client about what you did.
I’ve seen people lose their jobs over such things and it is never fun for anyone involved. Its a no win situation. For those people lurking and reading this, please just think twice before you do it. It will save you a big headache in the long run.
- 04 November 2003 05:30 AM
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Pixelranger, thank you for your insight; your revisions are very appropriate.
- 04 November 2003 10:54 AM
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