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This Guy Completely Stole My Website!

  
 
Qranc
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p.3 #1 · This Guy Completely Stole My Website!


II didn't twist your words at all, sorry you feel that way. Let me put it into context then. You said:

but cant even come up with an original idea for a website!

As far as the comparison between the OP's site and the copy there was significant enough change for me to equate it to customizing a template. IMO if you consider this person to emulate a style to lack of creativity I can only assume same goes for a change to any template used by another photographer (I am not saying that's what you mean, just saying how I percieve it). The second site merely put a their own spin on the style just like you would a template imo.

I don't see how making changes to a template is all that different than emulating a style.

The two sites were not identical, exact or even the same..


R



Dec 13, 2007 at 07:23 PM
LAPhotoPro.com
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p.3 #2 · This Guy Completely Stole My Website!


Qranc wrote:
II didn't twist your words at all, sorry you feel that way. Let me put it into context then. You said:

As far as the comparison between the OP's site and the copy there was significant enough change for me to equate it to customizing a template. IMO if you consider this person to emulate a style to lack of creativity I can only assume same goes for a change to any template used by another photographer (I am not saying that's what you mean, just saying how I percieve it). The second site merely put a their own spin on
...Show more

Actually the two sites were virtually identical including word for word content at the time of my original posting. He has, since you've starting reading this thread, made a bunch of small changes to mask the fact that he flat out copied my site. David Harding the photographer from San Diego did not put his own twist on my style. He copied it. Then once he found out he was busted started to make the changes.



Dec 13, 2007 at 10:06 PM
Qranc
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p.3 #3 · This Guy Completely Stole My Website!


Fair enough, I didn't see the original.

Rene



Dec 13, 2007 at 10:31 PM
Marcus Watts
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p.3 #4 · This Guy Completely Stole My Website!


shawnstarr03 wrote:
Qranc, dont ever try to twist my words.

Do you copy your ads too? why dont we all just put out one ad that looks the same or make the same exact business cards?
Qranc, dont ever twist my words,



Re the ads i thought thats exactly what everyone in this industry is doing. Look through any bridal magazine or yellow pages and it is almost impossible to distinguish between the mid range shooters from the complete low ballers. Same handful of layouts, same shots.
How many websites can you go to where you see an image that the photographer can genuinely call their own? something they actually created? Thats because most of the creatives in this industry are not creating, any evolution in their work is by copying the few that do work at new styles and imagery.
This guy should not have copied your site but doing so is not that inconsistent with what seems to be acceptable practice in all other areas of wedding and portrait photography.



Dec 13, 2007 at 11:15 PM
hyperion
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p.3 #5 · This Guy Completely Stole My Website!


lol - why worry about a website that takes 30 minutes to create? That is not complex code there. Not trying to be mean but there are better templates available on templatemonster for $20 - not to mention a superior template included in Microsoft Expressions, Dreamweaver, or any decent blogging or CMS platform.

Your white space and typography throughout your website is terrible. You have talent as a photographer - those photos are fantastic - but hire a pro to develop a new website. The time you have wasted calling this guy and posting here could have been put towards a new layout.

My .02 cents




Dec 14, 2007 at 01:16 AM
nindia
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p.3 #6 · This Guy Completely Stole My Website!


I took a quick look at both sites.

Your photography and site is much, much, MUCH better than his.

Just take it as a compliment that he wants to be like you and brush it off



Dec 14, 2007 at 02:18 PM
gala
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p.3 #7 · This Guy Completely Stole My Website!


To me it just looks like same templates. As everybody else said if you build it from the scrach then it's something to worry about. But usually you get what you pay for...


Dec 14, 2007 at 11:14 PM
themdg
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p.3 #8 · This Guy Completely Stole My Website!


You should be flattered. He copied your look, but I wouldn't call it a clone. Seems like it wouldn't hurt you in anyway will it?


Dec 14, 2007 at 11:24 PM
LAPhotoPro.com
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p.3 #9 · This Guy Completely Stole My Website!


themdg wrote:
You should be flattered. He copied your look, but I wouldn't call it a clone. Seems like it wouldn't hurt you in anyway will it?


You didn't read the whole thread, and I don't blame you it's gotten quite long.



Dec 14, 2007 at 11:38 PM
Etadam
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p.3 #10 · This Guy Completely Stole My Website!


I just looked at both sites, and they look quite similar even after the (said) changes.

However, that kind of photos presentation website using 3 layers is quite common - even if yours is particularly nice.

Besides the look and feel, you use images animation through a public javascript (dynamicdrive.com) that allows to bypass the Flash version (that is more smooth imo). That means many other people are probably using it as well.

The other guy uses another script, probably free as well while there is no (c) mention.



Dec 15, 2007 at 10:29 PM
 


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mrimpossible
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p.3 #11 · This Guy Completely Stole My Website!


Sorry you got ripped off, but might I mention that sites with a right-click catcher are really annoying and do *nothing* to prevent images being stolen. They just make it more annoying to browse.


Dec 17, 2007 at 12:32 PM
LAPhotoPro.com
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p.3 #12 · This Guy Completely Stole My Website!


mrimpossible wrote:
Sorry you got ripped off, but might I mention that sites with a right-click catcher are really annoying and do *nothing* to prevent images being stolen. They just make it more annoying to browse.


How does this effect your browsing?




Dec 17, 2007 at 03:09 PM
mrimpossible
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p.3 #13 · This Guy Completely Stole My Website!


I use a wacom with the third button set to scroll. It activates your alert box whenever I try to use it. I also right click frequently to check out properties of things, though I grant you that's more for techy interest than browsing reasons .
I do like your video.



Dec 17, 2007 at 06:49 PM
juberisk2
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p.3 #14 · This Guy Completely Stole My Website!


Regardless of which site is nicer and how little or big of a deal it is in the grand scheme of things, the fact remains that you rightfully feel your property interest was violated. That he is a competitor in the same market warrants some consideration of legal action, but ultimately a court of law deals with righting wrongs via damages, aka $$$, something that would be fairly difficult to establish in your case. Instead, like in many other aspects of our lives, keeping the lawyers out of it whenever possible leads to a more productive result. In this case, this forum thread seems to have already helped your plight.

As an aside, however, you need to cover yourself. don't just copy screen shots that could be claimed to be doctored. videotape yourself browsing the internet, going from your site to his. maybe even document this thread that you started (date/time is critical).

i write this in the capacity of FM member, not in any professional capacity.

good luck, man.



Dec 17, 2007 at 07:55 PM
LAPhotoPro.com
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p.3 #15 · This Guy Completely Stole My Website!


Looks like he's about done with making the changes he felt were necessary to differentiate his site from mine. He also removed the fake asmp member logo. Good call David! You're on the right track.

Thanks for your support gals and guys.



Dec 18, 2007 at 01:33 AM
Nick Klofkorn
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p.3 #16 · This Guy Completely Stole My Website!


LAPhotoPro.com wrote:
Actually the two sites were virtually identical including word for word content at the time of my original posting. He has, since you've starting reading this thread, made a bunch of small changes to mask the fact that he flat out copied my site. David Harding the photographer from San Diego did not put his own twist on my style. He copied it. Then once he found out he was busted started to make the changes.


My question is for you, so what?

I don't mean it to sound rude. Honestly. But as a working professional, you have two options - you can sue, or you can move past it and get on with your life. This kind of thing happens all the time on the internet. Is it alright? Well, not really, but the question is what can you do? basically nothing. You can "bust him" or ask him to change it, or you can sue.

Obviously it isn't worth it to you to sue or you'd be doing it and not posting about it on the internet (which, if you were thinking about suing, would be a bad idea FYI.)

This guy doesn't care enough about his "internet reputation" to make his own site, he sure as hell doesn't care about what a bunch of random people on fredmiranda care about. Just move on man, he's not worth your time, none of this really is.

Marcus Watts wrote
Re the ads i thought thats exactly what everyone in this industry is doing. Look through any bridal magazine or yellow pages and it is almost impossible to distinguish between the mid range shooters from the complete low ballers. Same handful of layouts, same shots.
How many websites can you go to where you see an image that the photographer can genuinely call their own? something they actually created? Thats because most of the creatives in this industry are not creating, any evolution in their work is by copying the few that do work at new styles and imagery.
...Show more


As far as the web design / differentiation, well, basically, you get what you pay for. I have several friends who work in high end web design (doing product sites for firms like Nike and other big name brands you have heard of), and you know what, they come up with a lot of really interesting sites, and interesting ideas. Firms like Nike will pay HUGE money for one website to promote one product that uses custom graphics, html, flash, or whatever wingding happens to be popular that will support their marketing scheme.

Most wedding photographers cannot afford that. Even the "high end" ones, because they just don't generate that kind of cash flow. So they end up paying some douchebag with long hair, a goatee, and an atari t-shirt $5000 to re-make a template. Well, you get what you pay for and that's just kind of how it is.

I'll just add a few more things. Another reason sites get the template-y look is because a lot of ideas in design get recycled over and over. This is just part of how design works in general and artists have been doing it for hundreds of years. Part of it IS being unoriginal, but part of it is sticking to design paradigms because they work clearly.

Lastly, and this is mostly my opinion, a web design for a wedding photographer is not a critical part of the business structure as compared to a company like Amazon or Ebay or something like that. Is it important? yes. At the end of the day, how do you get most of your customers? PROBABLY from word of mouth or from bridal shows. The website is more of a support, or basic infrastructure that you need to have in place just to say you have it and so potential clients can browse it before they contact you and the real selling begins. I think you all are blowing this issue way out of proportion.



Dec 18, 2007 at 01:48 AM
LAPhotoPro.com
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p.3 #17 · This Guy Completely Stole My Website!


Nick Klofkorn wrote:
At the end of the day, how do you get most of your customers? PROBABLY from word of mouth or from bridal shows. The website is more of a support, or basic infrastructure that you need to have in place just to say you have it and so potential clients can browse it before they contact you and the real selling begins.


I can only think that you're completely guessing here. I've never done a bridal show. I get 75% of my weddings from people who found my website by searching online. I don't use PPC either. The other 25% are from referrals from past clients. I don't have a website "just to say I have it". My website is how new clients find me directly.



Dec 18, 2007 at 04:43 PM
Mike Mahoney
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p.3 #18 · This Guy Completely Stole My Website!


This thread is timely for me .. I recently had a designer update my website and when they sent me the homepage mockup I thought that it looked very familiar.

I ran through a few hundred wedding websites and found no fewer than a half-dozen that shared the same design, and two that are virtually identical.

The thing about my new homepage design is that there are three panels, one for weddings, another for the blog, and a final one for my commercial & portrait business. I thought that was somewhat unique but it seems not. I thought that having photos as the linkable panels was unique, but it turns out not.

Another unique (or so I thought) aspect of my new design are the fonts and letter colors, an aspect of my marketing which I've used for the past few years. Turns out at least one site I found employs the same combination of font & colorings.

Even though in the case of the OP's site here it seems pretty blatent, when it comes to design it may simply be the a coincidence that two designers came up with a similar idea at the same time. There is nothing new under the sun.

I originally sent my mock-up back for a re-design but now think I will stay with it .. I like it and the other photographer(s) are not in my immediate vicinity, or even in my country for that matter.



Dec 18, 2007 at 05:44 PM
Arka
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p.3 #19 · This Guy Completely Stole My Website!


nle57 wrote:
I dunno, personally I think everyone is so litigious. You know how much money it takes to contact a lawyer, take this to court? issue a cease and desist? for what?

And on what grounds? Can you prove that by his site 'imitating' yours yours, that you lost business? Playing devils advocate here. So say his site was LAFotoPros.com
then maybe you can argue people will be confused, you tell people to go to LAPhoto.com and they see his site, it's very similar to yours etc. However his name is completely different. He has his own client base, target market. It's
...Show more

You're confusing the issues; copyright claimants, in the absence of showing lost profits, can usually get statutory damage awards.

I just took my Copyright final here at the law school, so I'll take a stab at this just for fun. Do not construe what I say as legal counsel; I won't be on the California bar for at least another year and a half.

The two sites are, as far as I can tell, substantially similar. I imagine that there's a copyright in the website design, and the creative expression of elements within it. It looks like a jury or fact finder would have basis for finding D3's infringement of that copyright, thought that can be hard to predict.

As for damages, the inability to prove actual damages nonetheless allows for the collection of statutory damages. For a single infringement, those can range from $750 to $30,000. That is where copyright remedies get their bite.

Arka C.



Dec 18, 2007 at 09:00 PM
robstein
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p.3 #20 · This Guy Completely Stole My Website!


Yeah, it sucks. As a developer rather then a photg - welcome to our world :-/ At least copying photo style is harder

Grab a copy of everything like someone said earlier (particularly the things that you don't want to mention ) and talk to someone in a suit but chances are you won't like the answer much. You have a better chance since he is in the US but it's not likely worth it after fees from the suits. Now IF he forgot to change something like say an image or background and is still grabbing your servers version..... you might like to play other games but I never said anything like that.



Dec 18, 2007 at 09:04 PM
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