Copyright problem , Designs of my friend are copied here by an artist!

[PluralsDesign]

I've just discovered that an “artist” on zazzle has copied several of the Chinese New Year compositions of my friend. The person uses his own designs, but organizes them exactly as my friend uses his. In other words, an exact copy of the composition (sometimes using the same fonts). What can you do?
Have you been in the same situation?

Here's a comparison with a collection my friend started in 2019 and a collection that was heavily inspired by it. I confess I haven't done for the other images that inspired it. Tell me what you think? And what would you do in the same situation?

Here's also the link to the research page on: “Chinese Snake” which allowed me to track sales: https://www.zazzle.com/s/chinese+snake?dp=252371268337590245&q=chinese%20snake
https://www.zazzle.com/s/chinese+snake?dp=252371268337590245&q=chinese%20snake&f_si=2506459409899227...

Thanks in advance for reading this post and perhaps responding.

The shop of my friend is "The Dog's Wishes" : https://www.zazzle.com/store/2018_the_dogs_wishes

All the best

PB

[PluralsDesign]

and : https://www.zazzle.com/store/2018_the_dogs_wishes/cards+stamps?cg=196173313428895894

[Connie]

 I don't think there's really anything you can do about "copied" layouts, as long as the design elements themselves aren't copied. Maybe if the layout is super artistic and original, you'd have a case, but just a cursory looks through the marketplace shows a ton of similar layouts for photo collages, cards, etc. There are only so many different possibilities when using text.

[PluralsDesign]

Thank you very much for your reply. I was thinking much the same thing. My friend's case is not copyrighted because it's not an exact duplicate of his work, and unfortunately there's not much we can do about it. I needed opinions like yours, thanks again.

[Jadendreamer13]

The original designer can report products that they feel are copyright violations to Zazzle and let Zazzle decide what, if any, action should be taken. But as Connie mentioned above, copying a design layout may not be considered a copyright violation. The overall look of the designs is very similar in my opinion.

[PluralsDesign]

Thank you very much for your reply .

This is not the only example, as far as I could see, the person used two other compositions.
I suggested to my friend, before reporting to zazzle, to find out exactly how many compositions have been copied in this way. I think this could add weight to a report.

[LMGildersleeve]

We are not allowed to publically call out other designers' offenses here on the forum. @PluralsDesign 

[Jadendreamer13]

Good to know!

[PluralsDesign]

Thank you for your reply. 

[PluralsDesign]

Oh I understand. How to do modify my post and delete the image ?

[PluralsDesign]

[PenguinPower · Accepted solution]

No - there are no copyrights to layout... "As a general rule, the Office will not accept a claim to copyright in “format” or “layout.” The general layout or format of a book, page, book cover, slide presentation, web page, poster, or form is
uncopyrightable because it is a template for expression. Copyright protection may be available for the
selection, coordination, or arrangement of the specific content that is selected and arranged in a suffi-
ciently creative manner. The claim, however, would be limited to the selection and arrangement of that
specific content, not to the selection and arrangement of any content in that particular manner."

In this case it sounds like some of the elements are even different... but if all of them were publicly available (say they were all licensed clip art and fonts) someone else could make the exact same design and sell it. No one person can claim a simple layout all for themselves.... If they could I can only imagine how much worse it would get... it's bad enough with people trying to trademark things like "baby's 1st" - if they could make a claim to general layouts too no one would ever be able to create anything anymore... 

edit - after looking at the items complained about absolutely not... Your friend simply does not have exclusive rights to a gold and red Chinese New Years card... Those are actually very different. 

[PluralsDesign]

Thank you very much for your reply. It's very clear now. 

All the best for all