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by ukdesigner » Mon, 06 Jun 2011 10:38 pm
ok so here's some ideas and thoughts that might help you.
Lets say there's a slider of images on someones website. You can't borrow or use their code. However if you write your own or buy some code that will do the same then that's legal. If you use their code, that's illegal.
Designing a site that looks exactly or even similar to a point where a consumer can't easily tell the difference between them will be considered copying. Even if the code behind the site is different a court would probably go against you.
In some cases, due to time constraints and budgets from clients, some designer either use free code (sometimes an acknowledgement is required) or buy the code from a site that supplies this sort of thing. This is both legal (in the sense that the seller is allowing you to use it in your site). I have done this myself. However I bought the right to use it.
There are a few very designer based sites that have lots of code available that's very reasonably priced as they are relying on multiple sales, so the cost is very very good. They also sell sites, again very design based, very professional and very reasonably priced. Therefore you may find 100 sites that have the same slider on them. If each person purchased the right to use that said slider then that cannot be considered copying.
These are designed to allow you to fully customise them. They are very well put together. Plus you own the rights for useage of that template. You can't sell the new design and pass it off as your own, although as they are designed primarily for web designers, they allow the designer to use them for a client and with no mention of the original designer required. This is allowed as the terms of useage allow you free use for 1 commercial project. These restrictions are in the terms & conditions.
So going back, if you see something on a site that you like, that you want to copy/integrate into your site, you may do so BUT only on the proviso that you either create your own version (proof may be required for a court of law) or purchase that said code.
As far as the web is concerned, as it is all about functionality, then nothing per se is off limits, as long as it's CREATED BY YOU OR BY YOUR WEB TEAM.
I would suggest that you make sure that your design team sign something that removes responsibility for the code used. this is your get out of jail card. However they may well (and should) have one signed by you relinquishing their responsibility for your specific instructions. if you tell them to use a picture of Mickey Mouse and they inform you that that's copyrighted but you insist they do this is their get out of jail card, although by rights they should refuse.
Design can be a bit of a minefield, trust me I've been doing it for a long time, but any designer worth their salt will hold your hand and explain things like copyright / rights of useage of images and the minefields.
Original created work is always the best way to go unless you are happy with a pre-templated design to get you going.
Don't p*ss me off! I am running out of places to hide the bodies.