Artwork "theft" liability

[Robin Canaday]

Let's say a customer provides you with an image that has no copyright notifications on it. You create a design for them using the image. If the customer actually had no license to use the image, who is liable for "stealing" the artwork?

Thanks!

 

[royster13]

Everyone the lawyer can get their paws on.......Good reason to have a liability policy that covers stuff like that....

 

[signswi]

Whenever a client supplies artwork you should have them sign a waiver saying they have the rights to that artwork or have cleared the artwork with the actual owner.

I doubt many shops on here do this but any print shop of any kind should have this as policy.

 

[TXFB.INS]

Whenever a client supplies artwork you should have them sign a waiver saying they have the rights to that artwork or have cleared the artwork with the actual owner.

I doubt many shops on here do this but any print shop of any kind should have this as policy.

we don't have a specific waiver for artwork, we do have work order and on the form the says you agree to the terms/conditions, where they sign. which it states there that we can not be held eligible copyright conflicts

 

[WildWestDesigns]

we don't have a specific waiver for artwork, we do have work order and on the form the says you agree to the terms/conditions, where they sign. which it states there that we can not be held eligible copyright conflicts

You have to be careful in instances like this. I can easily see the copyright holder's lawyers coming after you, getting money and then you will have to go after the client to hold up your liability clause. It's getting the money from the client trying to hold up that part of the contract that's going to be fun.

You have to be careful. Just because you have language in your contract about certain things, doesn't mean that you are totally protected. I've seen some "repo" language in the signatures of some shops that sent me emails and I know one state would not hold up that contract, nor would the state I am in either as they both have restrictions on how it can be worded.

 

[Dan Antonelli]

Whenever a client supplies artwork you should have them sign a waiver saying they have the rights to that artwork or have cleared the artwork with the actual owner.

I doubt many shops on here do this but any print shop of any kind should have this as policy.

This. And add in a hold harmless clause in the event art they supply infringes on the copyright of others.

And a professional liability policy is also a good idea.

 

[rjssigns]

Lawyers use the "deep pockets" theory. If you have money you're in trouble, if you're broke they don't care. Can't get blood from a stone.

 

[TXFB.INS]

Lawyers use the "deep pockets" theory. If you have money you're in trouble, if you're broke they don't care. Can't get blood from a stone.

good think I do signs, no worries of ever being rich

 

[omgsideburns]

Well they'd have to know you were the one who produced it.. so chances are they are already going after the client.

 

[Techman]

Well they'd have to know you were the one who produced it.. so chances are they are already going after the client.

Nope..
They go after the producer..
Ask me how I know. Someone used my son's photo without my permission.

Someone else hot link my son's photo too. They got a real surprise when I covered his photo with a clear overlay hot linked back to tub girl.. That was classic.

 

[ibikestickers]

Didn't know what tub girl was until now... and I wish i didn't find out.