Please Help Me Judge This
August 16th, 2008 in Articles by kailoonI am so frustrated today by this incident. My work being stolen by my friend! At the end, I am the person who supposed to be ask for responsibility. I don’t know what had happen and I wish that you guys can help me on this. Please, leave me some comments here and advice, what you see and do you experienced this before? As a freelancer or web designer, we also asked to draft out the layout for a site and the client will approve it for the next development. Have your work been stolen before? Here is my case.
The Story
Back to 2 months ago ( i think so ), my friend, Y asked me to help him on a web designer project. I will responsible for the design work. The price isn’t high thought but I take it because I take it as a help for my friend. I also have double confirm that it is only cover the PSD design. Besides, the timeline is kinda short. However, I manage to create the layout and the client accept it. After that, there is several changes and add on that is not cover since the beginning.
After few days, Y ask me to pass him the work. I send to him.
Then he ask me: “Eh? Where is the sliced images? and the CSS/HTML file?”
I replied: “Huh? Thats not included in my task man”. T
hen he told me: “aiks, it should be included and I need it as soon as possible!”.
I am very pissed off (sorry to say this) with that, before this, he already ask me for several modification and add on. I already take it. Now even worst. Then I replied: ” ok, I can rush for you, but that may need to increase the price.”
His replied made me go mad. “You do so little stuffs need so much huh?!” .
Me :”… ok, I quit. Please do not use my design and I also wont ask for anything from you, we still friend.” I thought this is a good solution since he also have no objection about it.
I was just trying to keep the good friendship between us. There is no way to destroy friendship because of money. He also said that it is ok, he will ask his other friend to help. Then, I suppose that should be no problem.
Today, I am so free to check out some client’s sites I work for. I found the site – Switch1 and this is what I did for them before this – Mywork.( Sorry to the site owner, I am not meant to do this but it is to the webmaster who build your site ). WTF, I totally go mad! I try to calm down and send him a message asking for explanation. Below are the replies.
Me : Can you give me an explanation?
Y : So, what you want?
Me : Huh? I want the reason.
Y : How much you want?
Me : ( WTF, you think I am a bagger? ). I am not talking about money, I want you to explain why. You promise that you won’t use it but now you use it.
Y : Yes, but I modify most of them.
Me : Most of them? …
Y : Yeah ~
Me : Wow, ok. Good….(After this, you won’t want to know)
But What make me feel sad is this:
Y : You should think of your not responsibility and your selfishness. You can just quit like that and let it all to me. You know what? Because of this most of your friends do not want to contact you.
Well, I already don’t know what can I say. I just delete him from my MSN list. That’s all.
Subscribe To Our Feed
If you find our site is interesting, please subscribe to our feed. Thanks!
Navigation
Check out our popular articles and recent comments by other users.- Mohit : ..You Hv to believe it..there's No other way .. Bye:) ...
- Mi???? : Step 2 Press “D†to reset the color mode to default (black foregr ...
- Armig Esfahani : you're great! ...
- Armig Esfahani : wooow I can't believe how simple it is! ...
- Romme : Click on the right corner of Triangle holding ALT. hope that helps. ...
Pete:
Ya, upfront payment is a MUST for me after this incident.
Wallace Rodrigues:
But it is useful and handle it in better manner. Ya, the world out there is terrible. We need to protect ourself and learn to do it better.
Haha, kinda good excuses
Hi Kai Loon,
Yes, I’ve been there too. Believe me, when it comes to doing something for a friend involving your profession (meaning, the stuff that you do to pay your bills), you have two options: 1. keep the talk straight and charge whatever you charge for your work as usual or 2. say you are busy and can’t afford to do side works for no pay.
I’ve found out that the “extra time” I put off to do this kind of work for free ends up taking away my quality time, because I still have to work my normal share to make ends meet economically. Moreover, because your friend is actually delivering a paid solution on the other side, the client on the other end keeps asking for adjustments, making things even worst.
On my worst case (there were a few), I didn’t even have a chance to pull back. The guy hired someone else to rip the HTML and CSS I had uploaded to a demo server. I only did that (uploaded the unfinished work to a server) because this was a friend. Well, not anymore… At that point I had spend some 15 solid hours of work on it. It was a template for a shopping cart, a quite complex one.
It’s a harsh world out there, you got to play harsh and protect your kid’s milk… I’ll never take an unpaid job for a friend. That’s not selfishness, that’s survival.
Hi, it has been quite somtimes didnt drop by to your website. Sad to hear about your case. Do not feel sad for loosing this kind of friend.
I thought feeelancer normally will ask for some payment (certain percentage) after certain stage of works. After get paid, then only proceed to next stage.
Not much opinion to give. But ya, WTF.
1. I don’t do paid work for friends (yes, that’s why)
2. Upfront payment is a must (at least 35%, new clients sometimes up to 100%)
3. I’d go the way J Mehmett mentioned (and maybe get Y’s balls kicked)
Good luck for your future projects!
WTF….
HA3 SO SAD,
BUT YOUR WORK IS MUCH BETTER THAN THE EDITED VERSION.
J Mehmett :
Thanks!
Well, take it as a lesson
wiehanne :
It is quite hard to know the person can be trust or not…Life is like this …
ikram :
I can’t really get what you mean …
hey man. I did see you at the webdesigner’s gathering at the curve right?
so next time you know, if someone wants quick design and little pay, you end up with someone like your ‘friend’ here lah.
congrats on getting on to smashingmagazine man. Good work deserves an applause
*clap clap*
I’ve heard this copy-cat case for don’t know how many times. My boyfriend ever experienced such a case, too. But it’s uni’s assignment. His friend’s reason was about the same with your friends; that he didn’t use exactly the same but change it (yeah, like not even 5% changes).
Sorry, but I have no solution. I myself will just see whether the person can be trust or not.
If I were you, I’d contact the site owner instead of the guy running it. I’d explain it as it was, and I’d send them the evidence including the exchanged emails and the files.
If they reject to negotiate, I have the rights to contact to their host, but if everything else becomes impossible, I’d shutdown their site.
Hmm… Seem to be a good idea
Not going to repeat what others have mentioned (wait, I do want to mention that some amount of deposit 30% – 50% is a must before starting anything unless the client has a spotless payment history, or you don’t really mind the money in the first place…)
Anyway, if you have any paperwork or evidence at all that you did that particular design for Y, fire off a cease-and-desist email to the end client. You don’t have to sue anyone, but Y will have some explanation to do.
Sansan :
Hi Sansan, notice that you are local designer. I think you may find it harder when dealing with local clients. Only few of them will agree to deposit 50% of the amount.
WakoGirl :
But some clients just don’t mind to have some ugly layout or design or works. They just prefer to save the money.
Hi, decided to get in and lurk around and found your post. I feel your pain, had my work stolen by a “friend”, honest there are no friends when they mix work with friendship. The “favors” and “helps” turns to plagiarism, copyright infringement, sorry the word but all brainless idiots who can’t program! My advice, same someone said before, ask half payment and do a contract – I do that and I do always stuff in flash/slideshows with programs the person will have difficulties for re-creating, including logos in several parts of each page, in case they modify will be a total mess.
You did the right ignoring him, that’s not a friend. You’ve talent and you’ll have sucess, he won’t.
Whish you all the best!!
I always faced the same problems like this. But what can i do, just because of i am a “FREELANCE DESIGNER”. From now onwards i try to get deposit first before i start work.
They stole your layout but at least your design is cleaner and looks better.
Jermayn :
It is good to have an agreement initially. But clients may not want it in that way. Two face … ya …
Timbe :
Yeah~ you felt my pain!!
I am very sorry to hear that! I can only imagine the blood boiling feeling of taking a glance at that work.
But at least the people that did it have no clue about taste! They really screwed it up. Almost like dragging Heidi Klum by a truck and then taking a picture of her. Yeah she is the same person, but man was she hotter before that happened. You know?
You probably cannot do anything. I would suggest do up a contract next time and make the client pay for half at least. This way you have the contract to say that you own the work and also some money….
It may be mean to do that to a ‘friend’ but its needed as so many people are two faced.
lut :
Since the beginning, it’s not the problem of money. It’s the appreciation and respect.
Tay Zar :
Yeah~ What I am so angry with is he used it without my permission. If he ask me before that, I will allow him to use it by paying the same amount we deal before.
Michael :
Man, this really help. I did say thank you to him. I even say sorry for my bad as he said so. No way for gift la
Myo Kyaw Htun :
Ya, I can sue him but I choose not to.
Mark :
I have did what you say. I did make it clear that I only responsible on which part because I quote him based on that. But I didn’t make it black and white. Sometimes, freelancers just too lazy to have signed agreements or black and white thing. I would take this advice and try to do it in a better way. Thanks!
I know you’re probably going to learn from this event, but if you want to save your ass in the future, there are a few things you can do for all engagements, no matter how small they are.
Create a small and simple agreement with a list of in-scope and out-of-scope tasks. That way, you can clearly write down what you are responsible for (in-scope) and what they might come back at you later do do, but aren’t responsible for (out-of-scope). Make the person sign this agreement so it’s binding. Also, you should make a copy of your work, seal it, and mail it to yourself. The seal and postage date will verify in court that it is your work. Good luck in the future.
I also faced the same problems like you before. As for me, I thought that these was experiences. Just ignore it and stay away from him from now on if you could prove that it is your real hard-work.
I agreed with Susan …
By the way, design like articles is protected by copyright and you could sue that “friend†if you could prove, that it is your work with mail dates when you sent the work to him.
Most obvious items of advice have already been given, so I won’t repeat the obvious as to move on, forget them, and immerse yourself in a new project.
Instead, I’d offer this addition. Send your ex-friend “Y” a simple Thank-you note.
Yes, indeed. Thank him for not taking any more time of your life waiting to show his true colors. Thank him for clues to his true character, clues that have now enabled you to close that chapter of your life. Heck, maybe send him a lemon or a lime as a gift as well.
In this fashion, you will have indeed confronted both his truth, and your own. You will have also gone through a ‘closure’ ritual. And, appropriately, you will also have had the last laugh.
Hope this helps.
Michael
OMG!! Really Same design… (I saw you twitt about this yesterday). Don’t feel sorry more. Y’s not a good friend for you. Sometimes I faced some problems with friends like you. They use your layout (whatever Y’s say, it’s almost same) without your permission. What a shame?
friends is friends..but works is works…ur friends sepatutnya faham itu.
if he is realy ur friends..bayar lebih apa salahnya, untuk kawan dia juga.
Gabe Diaz:
Don’t know why, you make me feel better >)
icalvyn:
Well, I am not your kind. I am quite clear with this. However, I still can say “Hi” to him
Susan :
yeah, I do believe in this – never work with friends or family. I can sue him, but I won’t. I have all the records and also the source files. Yup, it is quite hard to protect a design, especially while you trust the guy.
Aber :
Sure I won’t!
Johan :
At first, I really thinking of sue him. After awhile, I try to convince myself to take it easy. He is still my best friend, before this … So, I decided to not taking any action. but I wrote this post is to express my unhappy and hope to share with my readers. Especially for the freelancers and web designers out there. Beware …
Thomas :
Thanks …
Cometh :
Dude, when he said :” I changed most of them.” I really speechless…
P :
It’s quite hard to make the clean cut as you said. I can’t really sleep well last night. Keep questioning myself :”Am I wrong?”. yeah ~ I have to pick up faster and continue my works!
Thanks all guys! Your comments are my pleasures and you guys gave me the energy to continue my journey!
I’ve had a situation where this behaviour of “Y” let to a total contact break… it’s now 3 years dead silence. Haven’t heard from both of my best friends since then. I also received such a harsh statement… I don’t know, but sometimes people hurt other people. Those two were my closest friends and I feel like they never were honest to me. So, matter of fact: it still hurts.
I know this doesn’t help you much, but try to make a clean cut and don’t think about it much or talk again to the person (that’s what I didn’t want to do… because I always was the one who made the first step before that total desastrous incedent).
P
Well, it’s all a matter of integrity.
It is so obvious that it’s the same design. Only change a bit here and there…
Almost like the Uni days where there are cases people change the name on assignments and forget to change the matrix number..Heh.
At least have the integrity to redesign or design based on the layout that was approved. LOL…
I guess he just took the easy way.. Taking advantage, so to say… =p
Sorry to say that but he’s a coward creep…
Dont feel sorry for deleting his msn id from your list.
That was the only human thing u could do.
And after all, let me say that your design looks far better than the actual site…
He really changed things… but to make it worse…
(sorry for my english…keep up)
OMG, i’m so sorry to hear that. If I were you, I’ll put him in the jail. Because it’s same with crime although he is my friend. I just want to say, you get what you give……
At the end they are not really your friends, this is my opinion! I ran into a couple of scenarios where similar incidents dictated our friendship. Under any circumstances a homie should understand you! I guess cause this is how i am – but don’t sweat your homie – just remember not to endeavor on another project with him.
If he could do this, that means, that he never was a good friend… And maybe there is a reason why they say, that you should not work with your friends and family…
By the way, design like articles is protected by copyright and you could sue that “friend” if you could prove, that it is your work with mail dates when you sent the work to him.
Or when you do a site, put there a password, or something in the future. But if you done only the design… I do not know how it could be protected…
I face almost the similar friendship problem like this before, for me, well, i still can be friend with that person, but what ever he said or he need from me, sorry to said that, i will give thousand reason to said i am not free…
We have lose for once, but they lose forever and future.
That person is not your friend and does not appreciate the work you do. They stole your layout but at least your design is cleaner and looks better.