Style infirindgement but different images/coding?

Hi there,

Recently I recieved an email from a person who has stated that my style is a "rip" of theirs. The style im using now is custom made (only for my forum) and is on a totally different forum software to the "original" owner of the skin. The images/coding are all different, it just looks around 30% the same.

He has stated that if I don't buy his version and add his copyright or buy his version and copyright removal that his going to take action.

The thing is technically I didn't do anything as it was just custom made for a price. As I said it's using everything different, there is nothing that is the same as the guy's style, apart from 30% of the homepage looks (everything else looks different.) My site is absoloutely non profit, so im not using it for commercial use.

So im just wondering does he have a case? Im quite sure he doesn't but im just wondering. Thanks guys!

 

It's really impossible to give an answer without seeing both (and you shouldn't post the sites), but use common sense. If you (or your designer) didn't copy some of this other sites design, then I wouldn't worry. There is no set percentage of change (read up on "derivative work") to get around copyright infringement. They could sue you if they want to spend a lot of money, or they could file a DMCA with your host and/or search engines. I wouldn't put any value in the fact that your site is non-profit for something like this.

A lot of sites have similar looks - but you should know if it is obvious that their design was used in part. Would you feel comfortable telling a judge that the similar portions of the sites were a complete coincidence? I think that will tell you what to do.

 

Thanks for the response.

Well it's not completely the same, there's only really 1 page that looks 30% similar all the rest look completely different. Ill PM you the links though.

 

I took a look at the home page of the two sites. While the colors and the header gradient are somewhat similar, they are different and so generic in nature that I wouldn't worry at all. The design is obviously not a rip and I don't think they have a good argument for copyright infringement whatsoever. They aren't going to sue you over a $15 template and while they could file a DMCA, they would be exposing themselves to liability.

If I received that email, I would ignore it. If you do respond, just be polite and tell them your site uses a custom design that didn't use any of their design elements.

 

That is exactly what I said. I didn't think he had a claim. I actually made the banner myself, so im suprised it somewhat resembles that style, I told him it wasen't a cheap style, therefore I wasen't going to remove it because he had a problem with it

Thanks so much for that mate, I owe ya one.