Staples Lost My Intellectual Property

[Spider-Who?]

Wondered if anyone might have some advice.

As some may know, I am an artist whose worked with several companies during my freelance days including FOX, FX, SpikeTV, and others. For christmas, I decided to print out some personal work for friends and family. I took a USB to my local Staples. This USB had several folders of work, both personal and client-based. I left the images I wanted printed outside of said folders so they were easily accessible by the print center employee. I did not expect the need for the USB to remain with Staples while they printed my order (to be completed the following day), even though I watched the employee copy the necessary files over to their computer. But the employee insisted it was required in case they lost the original files. So, I relented, and watched the employee place my USB into a sealed envelope/form (filled out with all my info). I didn't think to much of it. It's in a sealed envelope with my info at a respected store, why should I worry?

I returned the next day (won't go into how they ruined the prints), and upon completing the transaction for the prints, I asked for my USB back. Low and behold, the USB is no where in sight. Not even the envelope/form could be found (note, this was a different employee). I left them my name and number, and told them to find it and call me. This was four days ago.

I will be calling the store in a few hours, but wondered if anyone had any advice. This isn't just a matter of lost property (the USB cost quite a bit), but lost INTELLECTUAL property - both my own personal work, as well as work of clients. Since the envelope/form itself is also missing, my assumption is that someone TOOK the USB, and got rid of the form, so there wasn't a "paper trail" as it were.

In terms of what is there of past clients, there really isn't anything groundbreaking - we're not talking about leaked photos of upcoming movies or cartoons - but its the simple fact that my work (regardless of who technically owns it) was stolen.

I'm not exactly sure how to handle the situation. Not sure if there's any legal action (of which I'll have to bring these clients into, which might get my ass bruised) or what. Any ideas?

 

[THE MR. TERRIFIC]

If you think it's worth pursuing, do it. That is unacceptable.

 

[enterthemadness]

Call Staples HQ. Raise Hell.

 

[bored]

If you know a lawyer, somebody who can talk to you now that you don't need to pay yet, at least put them on standby.

 

[Wolfwood]

Hire the A-Team

No, but seriously, you should definitely find out if they're protected somehow. You know how sometimes there's that little disclaimer they have when they say "We are not responsible for any lost or stolen goods." Which I think your intellectual property might fall under since it's on the USB. It's going to be an uphill battle for you.

On a side note, is all that stuff gone for good or were they just copies?

 

[Spider-Who?]

Hire the A-Team

No, but seriously, you should definitely find out if they're protected somehow. You know how sometimes there's that little disclaimer they have when they say "We are not responsible for any lost or stolen goods." Which I think your intellectual property might fall under since it's on the USB. It's going to be an uphill battle for you.

Yeah, I'm figuring they'll try the "we're not responsible" crap. However, I did not sign/read anything agreeing to any liability waiver, nor did any employee express such notions. Heck, I didn't sign anything at all. Not sure if that helps me, though. I spoke to a manager. She didn't mention it, but when I name dropped some of the companies, she got panicky and said she'd see what she could do, then took down my name/number and hung up. I'll give her till 5 before I call back.

On a side note, is all that stuff gone for good or were they just copies?

No, no, no. I have back ups of back ups. What was on the USB was just a small sample of stuff...a resume worth of work.

 

[the_ultimate_evil]

complete bull, the employee needs sacked or at least heavily disciplined

i work at a shop that produces photos, posters and canvas. we never keep a customers property, all images they want printed are transferred to our HD and they take back the memory stick/cd etc

i know hindsight is a great thing, but you should never leave stuff like this with the printers, i dont know any shop that requires you to leave your digital storage

 

[Spider-Who?]

complete bull, the employee needs sacked or at least heavily disciplined

i work at a shop that produces photos, posters and canvas. we never keep a customers property, all images they want printed are transferred to our HD and they take back the memory stick/cd etc

i know hindsight is a great thing, but you should never leave stuff like this with the printers, i dont know any shop that requires you to leave your digital storage

Yeah, I know I shouldn't have. I protested at first, but the guy was adamant, and I didn't have time to argue about it. It's my fault for leaving it there, but it's ultimately up to the company to keep track of their customer's ****. I spoke with the manager again - she said there were several USB devices there. I'm about to head over there to look at them (they're all probably the ones I looked at when I was there last time), but this way, the manager has a face to my name. If it's not there, I'm getting into contact with their corporate office, though I doubt it'll do anything. If I try to take it any further, I'll need to get into contact with the companies affected, which will get my ass bruised...but then hey, I can turn around and sue Staples for damages, right? ...right?

 

[POWdER-man]

First I would find out if it is company policy to keep customer property even when the files were uploaded to the computer on the spot. Whether it is or not, I would go back to the employee who you gave it to. Even if you can only vaguely remember what he looks like, Staples should have a record of all the employees who worked that night and who worked in that department that day. I hate to get someone fired but it is his fault that it was lost, and considering he was so adamant in keeping the USB he probably stole it himself. With a company like Staples it would be guaranteed they would have security footage of when you came in and which they can back track where that USB went.

It would be a pissy job but if you make a big enough stink about it, and threaten legal action it may produce results.

 

[Spider-Who?]

Just left the store. No dice. The manager and assitant manager where there. I politely made it clear that there would be a **** storm if it wasn't found. They know who was working that day and are calling him. If it doesn't turn up after they talk to him, I told them I would have no choice but to get in touch with companies affected. I have both managers name, the employees name, as well as the store number. I'm also documenting every interaction between myself and staples.

 

[Motown Marvel]

while i agree its a frustrating situation, calling it a loss of intellectual property is pretty melodramatic and inaccurate. your "intellectual property" still exists and in your possession on your home computer. the only thing that was lost is your USB drive. which sucks, and i would hold the store responsible and make every attempt to get it found and returned, or have the store replace it.

all that aside....you go to staples for your print outs? that seems weird.

 

[Cunning Stunts]

Yeah, I'm figuring they'll try the "we're not responsible" crap. However, I did not sign/read anything agreeing to any liability waiver, nor did any employee express such notions. Heck, I didn't sign anything at all. Not sure if that helps me, though. I spoke to a manager. She didn't mention it, but when I name dropped some of the companies, she got panicky and said she'd see what she could do, then took down my name/number and hung up. I'll give her till 5 before I call back.



No, no, no. I have back ups of back ups. What was on the USB was just a small sample of stuff...a resume worth of work.

Well, on top of raising hell with Staples, I would make sure that you have your copyright CLEARLY determined and expressed with these works in particular, so if they magically pop up somewhere, you can easily pursue whoever is using them.

 

[Spider-Who?]

while i agree its a frustrating situation, calling it a loss of intellectual property is pretty melodramatic and inaccurate. your "intellectual property" still exists and in your possession on your home computer. the only thing that was lost is your USB drive. which sucks, and i would hold the store responsible and make every attempt to get it found and returned, or have the store replace it.

I get what you're trying to say, but it is technically intellectual property theft. It doesn't matter if I have other copies. And like I said, it's not just my personal work, but also work I've done for companies, owned by them.

all that aside....you go to staples for your print outs? that seems weird.

Yeah...I don't normally go to staples (well, I don't normal do print outs, period), but staples was my only last minute option. I certainly won't be going back there again.

 

[Anita18]

complete bull, the employee needs sacked or at least heavily disciplined

i work at a shop that produces photos, posters and canvas. we never keep a customers property, all images they want printed are transferred to our HD and they take back the memory stick/cd etc

i know hindsight is a great thing, but you should never leave stuff like this with the printers, i dont know any shop that requires you to leave your digital storage

I recently had stuff printed at an offset lithographic press, where it would be really important to have everything correct (because it would cost THEM a bundle to redo it since involves etching a new metal plate), and they gave back my USB after they transferred the file and I had approved a laser-printed proof to make sure everything looked right.

Requiring you leave your USB behind is really weird and smells of at least someone who has no idea what the eff they're doing.

Yeah, I know I shouldn't have. I protested at first, but the guy was adamant, and I didn't have time to argue about it. It's my fault for leaving it there, but it's ultimately up to the company to keep track of their customer's ****. I spoke with the manager again - she said there were several USB devices there. I'm about to head over there to look at them (they're all probably the ones I looked at when I was there last time), but this way, the manager has a face to my name. If it's not there, I'm getting into contact with their corporate office, though I doubt it'll do anything. If I try to take it any further, I'll need to get into contact with the companies affected, which will get my ass bruised...but then hey, I can turn around and sue Staples for damages, right? ...right?

I don't think you'll get your ass bruised. Companies IIRC only really care about IP when it's an upcoming top-secret project and they don't want anyone knowing about it. If it's merely a resume's worth of past work, you can just claim that you were using your own IP rights as the artist to have it on there as your portfolio. Most artist contracts will have that stipulation. I'm not entirely sure if they could really get on your case then. I mean, artists will often post their past work online and it's easy to jack stuff online...

But namedropping those companies to Staples would definitely get their attention.

all that aside....you go to staples for your print outs? that seems weird.

I took a typography class where the instructor was a former employee at Pentagram (big renowned graphic design firm) and she said she normally got her one-off posters done at Staples.

Looking for other places to do my one-off printouts for that class didn't really do me any good. Printing can be a real crapshoot. Even at that litho press I mentioned before, they messed my project up the first time and I had to go back. They redid it for free (again, on their dime since they had to etch an entirely new plate) but at least the customer service was good.

 

[Spider-Who?]

Figured I'd give an update to anyone interested.

The last time I went in to the store and talked to the two managers, they figured out who the employee was that dealt with me and my print job. They said they'd call him that evening, but in the mean time, they and the other employees would search every square inch of the place. That was on tuesday.

On Wednesday, I called them back. I identified myself and was put on hold forever. Hung up. Called back later in the day. Spoke to a manager who only said that they were "in the process" of finding my USB. I asked if the employee would be in today because I want to talk to him. "No, he's off today, will be in tomorrow. We'll call you if we find it".

Got a call this morning saying they had it. Drove down to pick it up. The employee in question was no where to be found. Asked where it had been....the manager said it was "plugged into the computer" this entire time.

Riiiiiiight.

My money is on the guy stole it and the manager forced him to turn it in after I made the legal action threats with the client name drops. In hindsight, it makes sense that he bolted when I originally picked up my prints and found the USB missing last week. I'll still be submitting a complaint to their corporate offices.

 

[bullets]

Well that's good you got it back. That employee sounds shady as hell.

 

[Duke]

It's great that you got your stuff back. I wouldn't let Staples off that easy either. The way they conducted themselves & their customer service was atrocious & very unprofessional.

 

[Godsfireworks]

Glad you got it back, I've had incidents with missing Thumb drives before too.