Emma Lee Creative

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5 Unethical Ways To Sell Your Brand Short

So, you've got your million-dollar idea, you've validated your concept, you've registered your company, and you're ready to build your visual identity. Your visual identity is one of the most important parts of your brand, and that's why it's imperative that you go about creating it in an ethical manner. How you go about building your company's visual identity is just as important as the identity itself. Before you get excited and go hire someone, here are a few mistakes that people often, albeit innocently, make.

1. GET YOUR LOGO FROM A CONTEST OR LOGO MILL.
It seems innocent enough and I understand the appeal of this one. A lot of small businesses are on a budget, and they need something cheap. However, there are many reasons not to go this route. Contests and logo mills solicit designs from many to only pay one. For those who don't "win," no payment is offered. They work for free. The client essentially solicits free labor. For the "winner," very little payment is offered in comparison to the compensation that would normally be expected by a designer or agency. In short, it exploits designers for poor quality work. In addition to unjust compensation, many of the designs that are shown in portfolios and even submitted to clients aren't original pieces. They are designs that are ripped off from other designers. If you go the route of a contest, you risk your results being a copyright or trademark infringement. Unfortunately, you may share some responsibility in that. Your brand deserves better representation than an unethically produced logo that might get you sued.

2. BREACH THE CONTRACT.
You signed a contract, you paid your retainer, and now the project isn't going the way you wanted it to. Should you just let it go and forget the whole thing off? Maybe you see some of the things in the contract as negotiable, or forgivable. Your designer will understand if you just use this photo for this one small thing, right? Or perhaps, you missed a key deadline and it cost you a great opportunity for your business, so you pay the designer less than the agreed-upon price. After all, they didn't get the work back in time so surely you should get a discount, right? Wrong.

If you signed a contract, breaching it is going to damage your reputation and your relationship with your designer/photographer. If you're unsatisfied for any reason, talk to the person you hired and come to a solution. Always read your contract and have any questions answered before you sign it. If you missed a deadline that set your agreed upon timeline back, that's on you. I include a section on my contract that releases me from responsibility for deadlines missed because the client didn't meet the checkpoints. Finally, when you sign for the price in the contract, you are agreeing to that price. It's up to the person you're working with to determine if a discount is appropriate. Whatever happens, abide by the contract, even if you have to buy your way out of it. It is your responsibility to know what costs and tasks you are liable for, in what time frame, and it's up to you to hold up your end of the deal.

3. IGNORE COPYRIGHT.
How badly do you feel like getting sued? It's not guaranteed, and its less likely if you're a small local business. If you're local to Iowa or the Kansas City area, I'm sure you're familiar with the midwestern-proud, no-coasters boutique, RAYGUN. When they opened their first store in Des Moines, IA, they opened as SMASH. A while later, they were confronted with a business in California with the same name going after them for what was probably a trademark infringement. If a west coast company can find a no-coast store and go after them, a west coast company can find your company and come after you. And it may not come in the form of a cease and desist or DMCA Notice. It may come in the form of a lawsuit.

4. USE FONTS FROM FREE FONT WEBSITES.
Okay, so this isn't exactly unethical, but often you can find ripoffs of typefaces on sites like daFont. What makes it an ethical gray area is that ripped off designs are available and are not immediately obvious to the untrained eye. A type design takes an extraordinary amount of work and can take years to design an alphabet from conception to release. Getting ripped off modifications or misusing a license for a font cheats the creator out of their earnings for their work. The other thing about free font sites is that not all of the files are safe. Some font files are corrupted, some carry malware or viruses, so that's just another reason to buy your fonts from a reputable type foundry. That being said, there are many fonts on those free sites that are perfectly safe to use and were created ethically. Further, not every file is going to give you malware or a virus or steal your identity. If you'd like to purchase fonts from a reputable foundry, I love and recommend typefaces from Mark Simonson, Hoefler & Co., House Industries, Lost Type and OHNO Type Co.

5. STEAL PHOTOS.
This is absolutely a no-no, but it's surprisingly easy to do without realizing that what you are doing is illegal. One of the most common ways this happens is by using images found through image searches and social media. A client goes to find photos, saves them and doesn't realize that just because they are on the internet doesn't mean they are free to use. If you do not have explicit permission to use the image, its wise to assume that you are infringing on copyright. Your best bet is to shoot your own photos or hire someone to shoot them for you. This ensures that your photos will be tailored to your business and be unique to you.

These are some of the biggest temptations that new business owners face. Avoiding these may be more costly than not, but they are certainly cheaper than the consequences. Don't forget that part of building your brand is building your reputation and the integrity of your company, and that comes down to what you do when you think nobody will notice. Your brand is worth a good reputation. In fact, it depends on it.

FURTHER READING:
Five Basic Rules for Buying Fonts
3 Common Misconceptions About Copyright (Shameless plug!)
How To Not Get Sued for Stealing Photos
What Kind of Logo Do You Get for $5?
3 Reasons a Cheap Logo Will Cost You