Subtitled: Kicking Yourself Ain’t Worth The Knee Strain
Backstory: Back in November, “Web2.0 Blog of Blogs,” Mashable held a teensy little design contest to avoid paying a fair market price on a look for a t-shirt (snicker). The prize: An iPhone and some other boringish stuff. But mostly, the reward would come from the glory obtained by rising to the top of the community-generated content heap, and being deservedly recognized by the A-list crowd for one’s mad skillz. This was one of those half-assed design competitions that didn’t even include the usual “all intellectual property rights are hereby relinquished and exclusive commercial rights granted to [Company] upon submission of design work” disclaimer. Nope, just a super-casual, super-laid-back, “meh” of a contest.
And it ended up getting some pretty nice entries. The winning design - a cute little potato (get it? Mashable?) - is really polished, and a few of the others are remarkably wearable.
Naturally, I entered this contest (otherwise, why blog about it?). I couldn’t sleep, had read practically everything remotely interesting that had been posted to the internet that day, and decided - what the heck! - to fire up Adobe Illustrator to design a couple shirts.
This was 2:00 a.m., mind you.
At 3:00 (a mere 4 hours before I was to get ready for another grueling Monday at my former job), I submitted my designs. All 15 of them.
I went with a pretty tried-and-true form for all the designs: clever, slightly off-color slogan, centered on the shirt - and a simple, but cool giant M! on the back. Totally original, I know. Still - they felt appropriate to the Mashable brand, and I quite like a couple of the slogans I came up with (particularly the “Mashable is sexy in Helvetica, too.” shirt, which is the only one with a different layout, and not set in Myriad Pro.). But would I win? Nah. Never would’ve expected to. I contributed the designs partly as an embrace of the culture of free, partly out of boredom, and partly out of some insomniacical mania.
You see, growing up I had a lot of trouble falling asleep. And in my waking hours - especially those spent in high school and college - I found that I was drawn to extreme amounts of repetition and, in this, creativity. One night, I somehow managed to write 30 pages (single-spaced) of statements that began with the words “Staying up to...” Get the picture?
OK, now, fast-forward to today.
Mashable has opened a cool, new t-shirt shop using Zazzle.com (Zaz-what?!) that contains “40 different designs to choose from to show your love for all things Mashable, including submissions from our t-shirt design contest.”
“Sweet,” thought I, “Maybe they used one of mine.”
Well, yeah. Actually 12.
Twelve of the forty designs are mine. Take a look:
Oh, but wait!
These aren‘t my designs at all! What in God’s name is Arial Rounded doing in the place of Myriad Pro in some of them? I cry foul! Sure, Arial Rounded is oh-so-typically Web 2.0, but come on, guys. Eww. But yes, all of those corny slogans are mine.
OK, now what’s my point? Am I looking to be compensated for my grievances? No, no, no. Nor am I trying to bash Mashable for their behavior.
What I am doing is trying to provide a tiny bit of caveat emptor to folks who might decide to enter similar contests in the future. Rules are important. Rights are important. Your creative work is important and has value. And if you wish to give it up, you should do so willingly, knowingly, and with a clear understanding of what it means to relinquish control of your intellectual property without fair compensation.
In my case, this means I have to watch as Mashable launches an online store from which they stand to make thousands of dollars in profit doing little more than leveraging their (deservedly-strong) brand, with an inventory of products created at no cost to them. Brilliant for Mashable. Shitty for the ladies and gents who did the hard work designing the shirts. Shitty especially, for me, upon realizing that fully 30% of their catalog is work I produced, and for which I received not even a mere hyperlink to my blog. I was credited for my designs on the Flickr pool, but not linked. Meh.
Certainly, all of this would have been nice: a link, share of the revenue, free copies of my shirts, a free iPhone to supplement mine which is looking a little sad after doing some pavement surfing a couple months ago, fame and glory. But I’m not asking for any of that. And I am surely not asking that Mashable remove my designs from their store. A part of me thinks that it is seriously awesome that my work is being sold by one of the biggest blogs on the web.
All I want is for a few of you out there - in situations similar in some degree to mine - to be careful. Free is a business model. Which means thinking long and hard about how choosing it benefits you, benefits your intended market/audience and benefits the world.
Looking back, I still would’ve made the same choice, even if the moment of “sticker shock” was profoundly unsettling.
Oh, I nearly forgot: here is the store.
21 March 2008
Fucked By Free
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5 comments:
I wonder how many of those other designs are stolen as well? I admire your tact in dealing with this. Many would have sued them by now, and began ranting and raving all over the web.
Oh, most of them are from the contest. Here's the Flickr set
There might be a couple they did themselves, like, oh, the first one.
Many apologies and somehow I don't we'll quite make thousands, let alone hundreds.
Most were from the contest, yes. Some were from our designer. As for the Arial / Myriad switch, Zazzle must have done them.
For future contests of this sort, I have learned my lesson on rules and will most certainly be mentioning them. However, would that have stopped you from writing 15 slogans and submitting them to us?
Either way, if you are truly upset with the designs that are up, I can remove them. Or perhaps, send me a link/name you want me to include with them to give you credit on the description for each of the shirts.
Either way, thanks again for the submissions and sorry. I am willing to "make" good...
Hey Adam,
Really appreciate the comment.
Truth is, I probably still would've submitted the designs. And, ultimately, I think it's totally cool that you guys are using the slogans for t-shirts. Mainly, what irked me was the principle of the thing, and the possibility that fellow designers could end up in similar positions with companies of an entirely different moral fabric than Mashable. The potential for exploitation by evil people running "contests" is high in the UGC age, and I wanted to use my story (more surprise than anger, truly) to serve as a kind of warning to read the rules, and protect yourself and your work.
I'll have to yell at Zazzle regarding the fonts. :) Mashable Myriad is so much cooler.
Thanks again, Adam. No hard feelings. Good luck with the store.
And good call not producing the Michael Arrington-bashing designs. :)
You deserve some sort of compensation, it's unfair of them to do this. Especially if there was no legal rights about entries. You didn't win the contest, yet they still want your entry - that's BS.
I think you should contact Pete Cashmore, he's pretty reasonable and would probably offer you something.
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