What Would You Do?

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What Would You Do?

This question is related to the topic No CU freebie Designers, but now I'd like your opinion. There are a number of store forums that host blog trains/color challenges where designers can create mini kits for the challenge/blog train that are, of course, being given away as freebies. Without naming the site or the designer, I was perusing one such site looking at the entries that had been posted. One mini kit caught my eye because of a particular element I saw on the preview. I have the same CU pack it came from. The designer has in that pack a TOU the forbids freebies with the items in that pack. Now this same CU designer has put out lots of CU and some of her TOUs allow freebies, some don't, and some don't say one way or the other. My question is this: would you contact the designer and point out that the element she has included in her mini is not allowed for freebie use? Frankly, I don't know whether I should say anything, or just keep my mouth shut. It's doubtful the cu designer will ever see it, but that's just speculation on my part. So, what would you do? Tell the mini designer, or just let it go. BTW, I have no intention of contacting the CU designer. That hadn't even crossed my mind. I was thinking only of the mini designer, not wanting her to get into trouble in case the cu designer does see it and gets on her case.

Maybe the person who used that piece in her freebie kit emailed the designer and had permission to use it

That could be. I'm leaning to not saying anything but just leave it alone.

Yeah, that is always a difficult situation.
I once entered a site where they shared kits for free. Very pretty and expensive kits, which i knew for certain, they were not given permission to do so (they shared an entire store for free!!!)
I couldn't live with that, so i contacted the store owner about what they did, gave them a link. Because although i do love freebies and mostly have to make do with those because i cant afford a scrapbudget, i do not think its fair to steal someones work.
Funny though, the store never replied back to me, and from the pictures i saw, that site continued its stealing for a long time.

I think you could always contact the mini-designer and in a friendly way, ask her if she knew smiley

Honestly, it might be better to let it go. I know that some people create 'harsher' terms to deter people from stealing work and abusing it, but in reality don't really care if someone slightly bends the rules. Me personally, I would be rather offended if someone not related to the work contacted me about something such as that, in such a minor case as this. I can see the point of wanting to let another designer know that their work is being used outside of their terms, but to some it's not going to ruin their day, and they're not really going to take the time to do anything about an individual that isn't really costing them any money.

I might sound like a real 'witch' smiley right now, but I am really not trying to be, lol.

I'd leave it alone because as Susan mentioned, there could be an agreement between the two designers and, who's to say that the designer you think is the original one, is in fact the original? We can't really be sure in this digital world. Also, as Nicole mentioned, you could stir up all sorts of bad feelings...some time ago, I was taking part in a contest and we were not allowed to use CU products, yet another contestant accused me of doing so...I was mortified! I have a book dating back to the 1880's (in public domain) and scanned some printers' designs to make a frame element, apparently it was a design available elsewhere too.

After this experience, I learned not to stick my nose in places it doesn't belong.

I'd also like to point out this site's most awesome manifesto and suggest reading it.

Hi Linda~ I would say let it go and do so with a clear conscience. smiley

Like Susan mentioned, she may have asked the designer for permission. But even if she didn't,
as long as she made sure to show it was for PU for the freebie and not selling it or making money
from it, I would let it go. If she has many things from this designer, it can get confusing with multiple
TOU for CU products, and could be just an oversight on her part, especially if it's just 1 item in there.

If it were me and you contacted me with it, I would say thanks for looking out for me, but would let it
go. It doesn't sound like this person is intentionally going out and pirating work.

You've designed for years (I'm a huge fan of your work, by the way), so I guess maybe the thing to do,
is ask yourself if someone contacted you and it was just 1 element of your all your designs,
would you be ok with it.

If so, then you have your answer as to what to do about it. smiley

I would say 'leave it alone', too, Linda. Everyone else has made valid points, and things like this can stir up so much bad feeling. I know this is completely unrelated to the digital world, but: My daughter was once working two part time jobs, and she got on really well with the boss at one of them, and considered her to be a friend, and not just her boss. (I'll call her M.) They could talk about anything - or so she thought. One day, while she was at her other job, she saw M's boyfriend with another woman, get-a-room-type-kissing & canoodling with this other woman. The next time she was at M's job, said boyfriend was hanging around with M just as normal, being all attentive & lovey-dovey with M. My daughter deliberated for weeks before saying anything, and finally decided that if she was M, she would want to know. Well, that was the worst decision she ever made: M blamed my daughter for 'ruining her happiness', and she ended up losing a friend, and ultimately her job as M made it impossible for her to stay on. So, maybe best to keep out of it, Linda.

I would stay out of it too. Robyn I think your daughter had a hard decision to make but I think I would of done the same thing in her case. I am sure M will come to this realisation at some stage even if it was too late for their friendship. It is a shame it impacted her so negatively.

I'm with the other gals. I would probably just let it go. I've lost track of how many times I've seen my designs added to kits as is, without any changes. Do I like seeing it, nope not really. Quite a bit of work goes into each of my bundles. However, I just don't have any interest nor time to contact every individual person who misuses my designs. Now, if it were multiple designs and several kits, then I probably would give a heads up and let the designer make that choice.

Even with the best of intentions things can go the wrong way. I know from a personal work experience too. Some years ago we had a management change... prior to this change I was considered a rising star in the company. This new manager was a snake in the grass... I tried to warn the company of some things I had seen and it almost cost me my job as they didn't think it was relevant at the time. Needless to say I went above the bosses after consulting with an attorney... I collected enough evidence that the company fired her on the spot... but I never recovered my reputation. And I did nothing wrong.

That really sucks, Cindi smiley

I've forgotten about it. I have so much on my mind and I had already decided to let it go anyway. You're right Janet, about pirates. I made up my mind soon after I started in this business to chase those dogs. You hunt them down in one place, and they just move to another. I've watched other designers get all twitterpated over the pirates, but I see it as wasting time chasing them down that could be used for doing the business.