Copyright Question

[john1]

Hey, I have a quote for a big graphic with a out of the county (Europe) beverage company's logo on it.

The customer said it's going on a vehicle at a auto show in a few weeks and when i mentioned needing permission to print the logo onto the design he asked if i really needed to get permission before printing.

Now i'm pretty sure even if it's a company out of the USA, copyright laws are still the same right?

I said i need permission because copyright laws can be very serious and they reply with "Do you want to go ahead and do it? For 1 logo printing, who cares who printed it? I would understand if you were printing 1000s stickers"

 

[Locals Find!]

No expert on Copyright Laws, but I would err on the side of caution. Just my opinion.

 

[mikey-Oh]

:iamwithstupid, less it's swedish, those a**hole could give two rat a$$ bout merican copyright lawls

 

[Billct2]

If they're legit they could easily provide the necessary "permission", emails go to Europe as far as I know.
What happens if you decide it's "no big deal" and you splash some major beer logo on a car that's in an auto show where thousands of pictures are taken and posted all over the web and it turns out they didn't have permission?

 

[john1]

The customer is someone who has gotten orders for other things from me before so obviously i am familiar with him but just worried on printing and getting in trouble. It's going on a car that will be in a auto show so exposure is high.

 

[GypsyGraphics]

It's going on a car that will be in a auto show so exposure is high.

i think you just answered your own question

sounds risky to me

 

[Mosh]

Just do it, you know how many "calvins peeing on stuff" were at the detriot show last month!No one said anything, WIMP!!!!

 

[iSign]

I won't say if this qualifies as a "marginal risk" compared to high risk..
but on something I considered just a marginal risk, I might ask the client to sign a waiver, stating he has permission & takes all liability & responsibility...

I wouldn't expect a document like that to offer full protection against a lawsuit, but I think it might help me get a sense of how permitted the client actually thinks it is (not that that is always a gauge of anything anyway...)

 

[WildWestDesigns]

Just do it, you know how many "calvins peeing on stuff" were at the detriot show last month!No one said anything, WIMP!!!!

I never understood the fascination with that. I enjoyed Calvin & Hobbes growing up to. I don't think this is what Bill wanted his character to be remembered for.

 

[Mosh]

+if they order it then I would think it is on them. If they give you approved art from the product I would think you are fine. Now if this was just some dude off the street wanting a logo on his truck that would be another story. I would do it from what I have read. But then again I am the Mosh.

 

[Sticky Signs]

Ok, stupid question(s) time. This is based on this post as well as some others I've read today.
In a case like this, ultimately, who is responsible? The person providing the artwork and paying to have it reproduced OR the person actually producing the artwork? Now I'm not talking about "recreating" the artwork, just reproducing it.
If a (potential)/client comes to me with print ready artwork, am I obligated to ask where that art work comes from or who owns the rights? Obviously if a mom & pop "insert business here" asks me to print an easily recongnisable logo (IE, Coke, Burger King, BMW,etc) , I would question it, but what if I didn't recognize the logo? Would I still be liable? What if I did recognize the logo and printed it anyways? Could I actually be held liable even if someone else is footing the bill? I'm sure this has been discussed before and I apologize for my ignorance but honestly, I'm feeling to lazy to search that info right now.

 

[iSign]

depends... if the other guy's lawyer is Johnny Cochran, it's not gonna be so good for you... it it's Johnny Appleseed... you should be fine!

 

[wetgravy]

I never understood the fascination with that. I enjoyed Calvin & Hobbes growing up to. I don't think this is what Bill wanted his character to be remembered for.

it's not limited to just calvin, I drew one the other day for a customer of a cow squirting milk onto a chicken. Also had a customer ask me for a speedy gonzales whizzing on a cowboy boot last week (guys last name was gonzales). And about a year ago I drew a cartoon version of the customer unleashing the beast onto a rebel flag.

 

[royster13]

Sticky who ever violates the copyright/trademark will be legally liable.....So that could be both of you in this instance....

However, sometimes you as the printer can transfer this liability to the person requesting the work contractually by using a "hold harmless" agreement....You may still be legally liable but any $ damages awarded should be picked up by your client.

But here is where it get tricky, if you have resources and your client does not, the harmed party can get damages from you first. Then you must try to recover any money you are out from your client using the terms of the "hold harmless" agreement.

 

[3CGraphics]

I believe iSign has it "rigt"

Many times the burden will be on the "professional" (in this case the printer) as anyone in the business should know better for lack of a more legal term. What you have to ask yourself is

1)Do you want to defend what you did in court ("right" or wrong)
2)do you have the resources to do so (as the beverage company likely does) and
3)is it really worth it?

If it goes to court then iSign has it 100% right - you are at the whim of the judge who may care, may not, may have a clue, likely does not, and more often who has the best lawyer - NOT what is "right".

Ok, stupid question(s) time. This is based on this post as well as some others I've read today.
In a case like this, ultimately, who is responsible? The person providing the artwork and paying to have it reproduced OR the person actually producing the artwork? Now I'm not talking about "recreating" the artwork, just reproducing it.
If a (potential)/client comes to me with print ready artwork, am I obligated to ask where that art work comes from or who owns the rights? Obviously if a mom & pop "insert business here" asks me to print an easily recongnisable logo (IE, Coke, Burger King, BMW,etc) , I would question it, but what if I didn't recognize the logo? Would I still be liable? What if I did recognize the logo and printed it anyways? Could I actually be held liable even if someone else is footing the bill? I'm sure this has been discussed before and I apologize for my ignorance but honestly, I'm feeling to lazy to search that info right now.

 

[MikePro]

Have them sign a "Hold Harmless" agreement?

otherwise i would try contacting the marketing dept. of the company. if its done in good taste, and your client is paying for it, then i doubt they would have an issue with you replicating their logo for an auto show. Free publicity, and LOTS of it!
who knows... maybe you could get the company to pay for it, even, or at least negotiate for some free swag for your client to "hand out" at the show.

 

[signage]

Having them sign a "Hold Harmless" only shows that you knew it wasn't right to be printing this!