Contest Logo for a neurologist - 100 USD

Happened before I sold it for Effective Brain logo. I can enter as many contests I want with it.

 

No you can't, you allready used it once, and that's it, you can't use the same design once someone bought it, it's a legal problem, and most of all, it's a moral problem.

 

The original idea behind the logo is here: http://www.shutterstock.com/pic-189...in-icon.html?src=vPR2_Wgm_8p6boJrD4LQPg-29-71
Seems like he modified that a bit and presented as a original idea.

Anyone see the similarities between images, or is just me?

 

Update
@rxzor offered me the IP agreement for the logo designs through a third party IP documentation provider. It's not yet resolved due to technical problems on their site. When it will be, I'll update once more.

Up until then, I have to take back the words about "scammer", since this was his courtesy.

 

https://forums.digitalpoint.com/thr...-paypal-for-the-winner.2742788/#post-19103098
Guys please look at this ! this is our honest fried iulian!

 

+++++++++++

 

Obviously this contest is over, as one out of the 2 top designs was trying to be resold twice (or even more often than that) by rxzor lying about how other customers would be aware of him reselling their design, lying about being able to provide full rights when he at least already sold partial rights... basically doing business like a XXX...

Leaves one good and creative designs out of the two:

The winning design is #47 from guideline -> congrats!

 

Congratulations to the winner!

Just a quick update:
I got the IP transfer agreement right now (costs $5/file). I'm not quite sure if it was money well spent, since the agreement itself is a rather incoherent set of disclaimers, but I'm no expert on IP law and I'm not going to become one nor am I going to hire one to review this agreement for me.

If you are a buyer and want to sleep just a bit better in the night, you might consider closing an IP transfer agreement with the creative (kunvay.com was the third party in our agreement). Will it prevent someone else (be it the creative himself or anyone else) from (re)using your design? Well, unless you're willing to get into an arbitrage and pay the legal fees, I doubt it.

To get back to rxzor, I don't think he's a scammer. He just wanted to make some money (which is understandable, everyone wants) without breaking what he understands to be IP law. Hopefully, there is no one else who's going to claim the rights for my logo.

My 2c, do your due diligence.

 

Interesting as he claimed - before I notified you of him reselling your logo - that you would have no problem in him reselling your logo. After I told him that I don´t believe in that he basically was offering he "granting" me full rights to the logo as you would have been kinda dumb enough to not do an additional agreement (to the one that is by common sense done anyway by applying to the contest) that would give you full rights on the logo... so basically what he was offering to me was to sign that the logo would be all mine leaving you with nothing... if that is what you consider "make some money" then I´m really surprised and rather guess he had you say that by another lie... to me it´s clear that this guy is doing bad business and is not truthworthy....

 

You truly have the gift of understanding and insight.. kudos

 

Well, I think this part is improtant: "...without breaking what he understands to be IP law..."

In my understanding, his understanding is not quite right. I mentioned earlier and I mention it again: it is a common practice on this forum that upon payment, you receive the files as well as the rights to them. Other than that, I had those terms and conditions, which said that all rights to the logo will be passed to me upon payment, in the first post of my contest (I deleted it, but I still have the screenshots).

Rxzor is of the opinion that you need bilateral written agreement in order to pass any IP rights between buyer and the creative. This might be true, I don't know as I'm no expert in IP law (it certainly isn't required in my country). So although what he's tried to do isn't by any means moral, it might not be illegal.

I say he's not a scammer due to a simple fact that he was not offensive to me and offered me to sign the agreement to pass me the rights for the logo (which he deems to be important for the actual IP transfer). He didn't have to do that.

@friedbass
Lol, after reading the line for a second time, you are actually right

 

Anyway, @prion, I owe you a thank you for notifying me.

At the end, I think it boils down to everyone's understanding of the word "scammer". I would leave it on that.

 

He offered that to you AFTER I told him that I don´t believe in his lies... and AFTER he was publically found to be trying to resell the same logo (which he tried to prevent by only sending the logo by PM to me)... it had not been him to inform you of the logo reselling... so sure he gave you that agreement finally, since what else should he do? He know I would not take the logo right away, he had been caught so he tries to "reduce the harm" and not looking like the guy he obviously is...

Fact is he would have had not a single problem in trying to arrange, that you would loose the whole logo you paid him just a few months before... again I say that is not good business... to me that´s almost (or probably even is) fraud....

you are welcome effectivebrain... but let it be said, if it would have gon rxzor´s way you wouldn´t own that logo any more no matter that you paid for it...

 

+++ Well said this is exactly what happened here...

 

@prion Obviously, there is a lot of truth in what you say.

I don't want to defend rxzor in any way. I don't know what would happen if it went the rxzor's way, court would have to decide upon that but in any case, it wouldn't help me sleep better. That's certain.

I think there is a lesson to be learned from this incident for all of the digitalpoint members. Someone should write a guide for IP transfers regarding the creative work being sold on DP and make it sticky, so incidents like this won't happen again.

Most contest holders depend on a clause in the first post which usually says that all the rights and ownership of the creative work will be transferred to them upon payment. It was like this in my case as well.

I think it's actually irrelevant for 99% of cases but what if someone buys a logo which turns out to be the next Apple, what happens then?

 

Just FYI, this guy is really unprofessional, he posted this in my forum feedback thread because he got called out here:
"Be aware of this designer. He is copying all his designs and keeps breaking copyright agreement laws on Digital Point forum."

This kid can't be serious.. @prion @effectivebrain

Anywho, what more can we as designers do for your contest @prion ?

 

@prion Not want to spam your thread anymore but still...

I think what I ultimately wanted to say is that it was actually me being dumb enough to not insure my rights and count on DP designers honesty. Especially dumb when you consider I have a legal training (but at least I'm not practicing law).

This was also the reason why I chose the words the way I did in regards to rxzor. I have to blame myself first before I blame him. Anyway, I consider myself lucky that you were honest enough to let me know and I just don't want others to make the same mistake.

 

@Todd Duquette, thx there is nothing that can be done for my contest any more I found a winner, I am fine

@effectivebrain, it honors you to first seek the problem at yourself. But while I agree that you could have had the creator sign that he passes on full rights to you, I don´t see why that would justify in any way the shabby behaviour rxzor showed...

 

Hey guys, don't want to hijack the thread or anything like that but seeing this debate getting longer and longer I would just like to pitch my 2 cents in as a designer and as an entrepreneur.

Firstly what rxzor is doing is just exploiting a loophole in the laws, many people do that it's nothing new and hugely prevalent in the design industry, but this is being done because the consumers don't know how to seal these loopholes or don't know about them. In fact while rxzor maybe getting things done his way by exploiting this loophole he is on the other hand violating a very basic ad important clause which is phrased in every single country's law in different words but with the same meaning "If a person wishes or intends to sell his intellectual property to more than one other person then he must notify every party about the resale clause at the time of contract being made" and before anyone points out a simple thread at digitalpoint for a logo contest is in itself a contract as per the mercantile laws.

Next just as a designer, I would like to give my personal experience. I have been designing for various people and sites and what I have seen is that every good designer gives a serious thought to his design and as such no designer can make a single design relevant to two contests as it would be like having 2 ides 100% same which just ain't possible. What I found hilarious is that while the brain and gear combo would look good for a brain training site like that of effective brain but how does it look good for a neurologist ? beats me.

This thing shows that designers now a days are not putting serious thoughts into their designs they just want to make money quick and their problem is getting magnified by contest holders asking for quick designs as well. Though I would say both the contest holders here held great contests pruning every single design but what you saw here is an effect of many other contests running around that are ruining a designer's basic designing instincts.

Rxzor or many other designers here who are now not exactly following the completely (morally + legally) right ways are all very talented I am seeing some of them since 2009 but their creativity is now getting spent elsewhere which is a shame for the whole designer community I must say.

 

Ashish92, the part of rxzor only using a loophole doesn´t work here. Since even if I would not bother on what he was offering to me that he would do to his old customer (signing that he would pass on full rights to me, so I should do a TM to have the old customer then remove his logo) there is one important fact:

I was asking that the rights on the logo would be passed to me on payment within my first post.

He would not be possible to pass all rights on a logo when he at least sold partial rights. He was even telling in PM the other owner would not bother, which was a lie. So finally even if I went for his offer (which would have been morally out of question) then the former owner would have no problem to sue me for using his logo, no matter whatever rxzor signed. Iuristically it would not have been clear that I would have won that as the other owner could easily prove how he was using that logo already for month and how he bought this logo (and within at least partial right) by common sense...
Don´t get me wrong, this would have never been an option to me personally, but this was what rxzor was trying to offer me in PM after he was found to try to re-sell already sold logos by PM....

So I am afraid I cannot have your post being uncommented here as it´s - at least partially - wrong for the reason above...