XF 2.2 Is it Theft to Copy a Theme's Color Palette?

[Matthew Hutchinson]

I recently tried out a paid theme that includes its own style properties and discovered a few issues that prompted me to remove it after customizing its available options. In the end, the only thing I liked about it was its color palette.

I'd like to create my own theme using nothing more than XF's color palette system. Would it be considered theft to copy the paid theme's palette?

 

[Nicolas FR]

IMHO, no.

 

[Mr Lucky]

Would it be considered theft to copy the paid theme's palette?

A very litigious designer's lawyer might try it on, but I doubt they would seriously pursue that unless they had some good reason to justify the tort, e.g. loss of income. But it's hard to say exactly because it could be one leg of a bigger spider, e.g. if there are certain other design aspects involved then an exact copy of a pallet would become more relevant and add weight. In other words there's no hard and fast rules, just how it's presented to a judge and jury and let's face it, it isn't likely to go that far....

They might try it on just to scare you into a settlement though (but still very unlikely)

 

[Max Taxable]

I've never heard of authorship rights or protections regarding color choices and combinations.

 

[Mr Lucky]

I've never heard of authorship rights or protections regarding color choices and combinations.

Nor me but as I said, I think it could be used in combination with other design aspects. My copyright expertise is in music but there are parallels. e.g. no copyright in a chord sequence or orchestration, but when combined with other factors you can get the accusation of "passing off" which can be down to a jury's opinion. So I'd be wary of exact laws but at the same time take into account how likely or how much value there is in a tort. In most cases it's nothing because there are no definable business losses to attempt to recoup.

 

[Mr Lucky]

In other words, unless you are copying other aspects also, it's fine.

 

[zappaDPJ]

Would it be considered theft to copy the paid theme's palette?

Never say never but no. It might be different if the theme colors represent an identity and you are a trade competitor. If that sounds outlandish read on.

I've never heard of authorship rights or protections regarding color choices and combinations.

Believe it or not quite a number of companies have successfully trademarked single colors, color combinations and even color swatches.

Owens-Corning trademarked the shade of pink used to dye and identify its fiberglass insulation. UPS trademarked 'Pulman Brown'. Deutche Telekom AG have a trademark for T-Mobiles' shade of magenta aka PANTONE Rhodamine Red U which they protect rather aggressively. Deere & Company owns the rights to the green and yellow color combination seen on their outdoor power equipment.

Even Barbie has her own trademarked color! https://en.wikipedia.org/wiki/Mattel,_Inc._v._MCA_Records,_Inc.

 

[FTL]

My copyright expertise is in music but there are parallels.

I remember people getting nailed for copying something like a 2 second riff of another song. Actually, I think it was a sample, so not quite the same, but it makes the point that one can get sued for using a tiny snippet of something else. This is of course ridiculous, because music isn't created in a vacuum, so almost every tune has something similar to something else about it.

 

[Mr Lucky]

This is of course ridiculous, because music isn't created in a vacuum, so almost every tune has something similar to something else about it.

Copyright laws of course take that into account what is unique, and if that 2 second snippet is unique then it isn’t ridiculous for a composer to claim theft of a creative work, especially if it is an important part of the work, e.g. a melodic hook.

Context is also taken into account and any court might consider that and question whether there is an intent to "pass of as..." based on the context.

Musicians and composers have a right to protect their work.

 

[Suzanne O]

If stuck with this ask the company who's theme you're copying first to see if it's ok by them.

 

[⭐ Alex ⭐]

I would consider it theft since you were supposed to pay for that finished work. Whether or not they can legally defend it, is another story.

It could be considered as trade dress. More answers can be found here: https://graphicdesign.stackexchange.com/questions/43290/copyright-of-a-set-of-colors

 

[JordanH]

Everyone is bringing up trademark, but trademarks are different from copyright.

To answer the question first, go ahead. You'll be fine. I 100% doubt that the theme author had trademarked the colour pallet.

Most trademarks on colours have been very hard to fight for, and even the infamous cadbury case for their colour purple was given up.

You can also see how Google ended up copying microsoft's colours for their logo. They turned out just fine.

Ebay, Microsoft, Google, ToyrsRUs, Olympics, etc, all use the blue, red, green, yellow as their colours for their logos. They all turned out fine.

Also, you said you tried out the paid theme. Does this mean that you paid for it? Then you have nothing to worry about anyways. If you paid for the theme and it's license is being directed towards your website, your fine. You can use bits and pieces of the theme, mix and match, etc.

 

[Forsaken]

There's a huge difference between taking inspiration or outright theft; in the case where you like a color palette it's usually just going to be considered inspiration unless it is a very specific usage of the colors (gradients) and then it would come down to how exact you are going to be. Shifting the hue is always fair game .

Now if you were to outright copy unique elements of a design, and their specific colors and the ways that is when things are considered to be theft. Also, when in doubt, just ask; most designers really won't care if you want to borrow ideas or their colors .

 

[MikeJaquish]

Legally, probably safe.
But, you are asking because it is nagging at you, it seems.

What is the Right Thing To Do?

I have some color perception issues, and I would either pay someone to color a theme or use a default. It just wouldn't feel right to grab someone else's work.

 

[Forsaken]

Legally, probably safe.
But, you are asking because it is nagging at you, it seems.

What is the Right Thing To Do?

I have some color perception issues, and I would either pay someone to color a theme or use a default. It just wouldn't feel right to grab someone else's work.

There is a difference between using the same colors, and copying exactly how they use them. If you're just going to use the same colors, and apply them similarly, that hurts no one and I do not know many people who would get upset (there are obviously some people who feel they own everything they ever do, even if they are inspired by someone else). If you're copying everything, even as far as how the colors are used in your logo, and icons... Then obviously you're doing more than taking inspiration.

 

[Wildcat Media]

Believe it or not quite a number of companies have successfully trademarked single colors, color combinations and even color swatches.

Owens-Corning trademarked the shade of pink used to dye and identify its fiberglass insulation. UPS trademarked 'Pulman Brown'. Deutche Telekom AG have a trademark for T-Mobiles' shade of magenta aka PANTONE Rhodamine Red U which they protect rather aggressively. Deere & Company owns the rights to the green and yellow color combination seen on their outdoor power equipment.

In some cases, a site trying to mislead Internet visitors could use colors that are exactly the same as the original target site, making visitors think they are at an official site when they're not. But a misleading site like that will have other legal issues beyond use of colors, I'm sure.

 

[Matthew Hutchinson]

Also, you said you tried out the paid theme. Does this mean that you paid for it? Then you have nothing to worry about anyways.

Yeah, I paid for it, and have since deleted my custom theme. My theme was one among a few I was letting visitors choose from and I got tired of maintaining them, so now I'm now to one free theme - Shades of Blue - that I've tweaked.

 

[FTL]

"Is it Theft to Copy a Theme's Color Palette?"

No. At most it could be an infringement, because the creator still has the theme. Same with songs, movies, computer software etc. It only becomes theft if the creator is deprived, eg all of their copies erased by the infringer.

Infringement still carries penalties though, but generally less than theft, which is why Big Media just lurves to call it "theft".

I suspect that I might get some backlash for this comment, but it's simply the truth said without bias and it should be recognized as such.

 

[Mr Lucky]

It only becomes theft if the creator is deprived, eg all of their copies erased by the infringer.

So it’s only theft if a shoplifter completely empties an entire supermarket?

 

[FTL]

So it’s only theft if a shoplifter completely empties an entire supermarket?

No, you've misunderstood the whole concept haven't you?

Do you understand the difference between an infringement and theft? Go on, describe it.