No, not at all.
It doesn't have nearly enough similarities to count as plagiarism. Yes, they both feature a tree. As do many, many logos. The style is different, the use of colors, the whole setup is different.
However, if the other company is widely known in your field and you are afraid your clients might confuse you with each other, you could consider ...
Ethically and morally..... using any "contest" is merely taking advantage of designers.
Contest do nothing but take advantage of designers and give all the benefit to the person running the contest. It essentially amounts to "slave labor" of a sort. All designers should adamantly avoid "contest" settings. However, if a designer freely agrees to being taken ...
Looking at your question I can see some points that cause me immediate concern:
"...first payment after the first milestone (30%)."
For me at least that's an immediate problem. I too have staged payments, but the the first stage is always a deposit. If you get paid before you lift a finger you benefit from several advantages!
...problems appeared ...
TL:DR The client is fundamentally mistaken about the type of data covered under GDPR, although there are possibly things in the files that are covered under it. You should not send them the files, though you do need to respond with any personal information in them.
I'm doing some of the data protection work for my company, so I've been reading a lot around ...
The client is taking advantage of you. Plain and simple.
If "payment is not an issue" as the client states, then the client would have no problem paying you what you are owed to the current point. Whatever that may be. If you had an agreement of 30% at this particular stage... then demand that 30% before doing more.
In my experience, any client that states ...
You are asking a few questions here:
Is simply typesetting a company name in a font a logo?
Yes, it certainly can be. Is it the best solution? Sometimes, but often it's not the best solution.
Can I send a copy of a commercial font I used to a client?
No. If it's a commercial font, meaning you purchased a license, then if the client wants to use the ...
First of all, it is possible to simple have a typographic logo solution. Logos do not have to be graphic marks or use an original font. If your client is happy with what you've made as a standalone logo, then you should be able to create outlines out of the logo and send him a vector form of the logo without going against the copyright. However, perhaps you'...
How to tell if the logos really are that similar
Chances are if you're looking at this post, they are. But here are some tests you can try:
Making them both grey-scale.
Viewing them from far away (or very small versions).
Are they even more similar with any of these variations, possibly including combining them? If so, the logos are probably too similar. ...
No. You should have written in your contract that client has all rights to materials he gives to you. With your invoice you should give him list (names) of files you bought to use for the project and the ones he gave you.
Sometimes I print dummy layout with signature so I will know which file is which.
I keep them for anyone trying to ask for license or ...
If it is truly in the public domain (or has a public domain notice) you can use it for whatever you want. So yes, it's legal.
It may not be all that smart, though, given that anyone else can also use it as their logo. You may lose a good chunk of 'uniqueness' in that regard depending on the particular market you are in.
Using a public domain icon of a ...
Doesn't really matter WHY the client wants you to delete your files and send them everything.
It seems to me the client is using GDPR as an excuse and nothing more. I mean, practically any design is promotional material and any possible personal information - name, address, contact, email, etc. - was made public information via the promotions themselves. It'...
Each and every foundry has an End User license Agreement (EULA) for their fonts. They all vary to some degree. Some EULAs may forbid the client from ever sending you files to begin. Some EULAs state (paraphrasing) that sharing in order to "facilitate reproduction" is acceptable, but nothing is to be retained after reproduction. Really, only reading the ...
I, personally, don't concern myself immediately with client provided assets. As @Szczerzo answered, the contract should state that you are not responsible for rights to client-provided resources as well as a clause stating the client is responsible for any and all legal fees or damages resulting from their supply of unlicensed assets. And there should be a ...
What you need to do is contact a lawyer experienced in copyright law. More than likely the first step they will take is send a cease and desist letter to the company. Only after that happens will they suggest further action, if and only if the company does not make the necessary changes.
The host provider probably won't want any involvement either until it ...
Most of the time images with proper documentation can avoid legal issues there are so many sites having such images, they will provide you the whole uses document on request :
Big stock photos
Find free stock Images
16 websites with Free Stock Images for commercial use
Hope this will help.
I somewhat agree with the comment from @Joonas There's no need to justify pricing until you are confronted with an argument about it. Your default mindset should be... "Sure, here's the cost"
My response would be similar to....
I'd be happy to provide files.
The fee for native file delivery and purchase of the intellectual ...
This is not legal advice so dont take it as such. You may actually want to read on GDPR. But dont just google for it go directly to the source:
What the european commission have to say about GDPR
The actual regulation is also avaliable
Now GDPR does not say anything about releasing source files. Instead it is pretty reasonable in scope. What it basically ...
I don't think it's overly complicated. You could easily write up something which states they give you permission. You don't need some huge contract or anything.
[Your name] has permission to display work created while under the employment of [Company name] for the purpose of a design portfolio.
At no time is work be resold, repurposed, or ...
No, it is not right.
Use what you paid for and make sure all the other contestants you are taking inspiration from are compensated. These authors own their work unless/until you buy it. If you can only afford one winning proposal, then that's what you should be using.
You can file a DMCA notice and address it to the webhosting company hosting their website, and to search engines who will delist the copyright infringing content.
If you don't want to do the legwork, you can use a DMCA service. I found this one on Google:
DMCA service ($99)
and I am sure you can find many others. Or you can write the DMCA yourself. In all ...
This is called 'speculative work' or 'spec work' as it's commonly used.
Spec work is you working for free under the assumption that you MAY get paid for it.
This is actually quite common in some industries...film/television, architecture, etc. But it's usually a bad deal.
It's common in the graphic design world, but also quite common to outright refuse ...
Are you guys scared at all about anyone stealing your art?
No. Not scared. It's of no immediate risk to me if someone downloads an image I created.
What would you guys do about it if it happens?
If there is clear intent to profit off my work, I may then decide to fight it through legal channels. What those channels are depends heavily on your location ...
I realized that it is OK to take inspiration from others work, but what I have done is illegal and immoral because I used lots of design ideas from other contestants.
The correct way is to ask for permission from those creators, and pay them the mutually-agreed-upon price if they give permission.
But, I didn't have financial means to pay them. So, I was ...
It would appear this is prohibited.
Stack Overflow: Can I legally show Microsoft Office and Project icons in my desktop application?
Microsoft: Intellectual Property permissions
Microsoft product icons are the thumbnail-sized images indicating that a Microsoft product has been installed on your operating system. Icons may not be used in advertising, in ...
I have worked with PowerPoint files as well, but I have also prepared just backgrounds when requested, so it really depends on what they asked and what you agreed on. Perhaps something in between would be ideal, YOU create the backgrounds, but YOU also add them to a PP file along the styles for titles, lists and so on.
Regarding the contract, a question ...