Need some opinions, I think I stepped into a pile of you know what

[G-Artist]

3M's Webpage will give you all the details about their warantee.

Specific vinyl with specific printers, etc.

Let's pretend the client didn't clue you in on anything. He just provides you with the art and wants a quote. Just by looking at it your internal alarm bells go off due to the graphic composition. You then ask if he is the originator or licensee of the art. He says yes. At that point, you provide him with a 'hold-harmless' agreement which you have him sign.

Once signed, you get at least 50% up-front and the balance before he drives away.

The hold-harmless agreement will not stop anyone from naming you in a law suit as most suits name everyone in the chain (deep pockets theory) but will prove to the court you had no intention of violating any IP law and you took the client at his word as to ownership/rights and he so affirmed in the document (perhaps under penalty of perjury).

 

[Mosh]

When people tell me what other shops quoted or claim I just smile and tell them that is great, but here is what I provide and my prices. I hate pushy sales people, so I am not one to my customers. If a customer wants to use me great, if not I have plenty more work to do without them.

 

[royster13]

Ya but if the other party is at fault and has no money you pay even with the "hold harmless agreement".....The legal owner of the copyright material is not a party to the "legal agreement" between you and your client.....

 

[G-Artist]

Ya but if the other party is at fault and has no money you pay even with the "hold harmless agreement".....The legal owner of the copyright material is not a party to the "legal agreement" between you and your client.....

No money to pay isn't the issue. Obviously not getting paid at any level is a chance/risk we all take in doing business. I am the only shop in my area that I know of that even employs a HH agreement. Certainly I don't know everyone in my county but I do know quite a few, both old timers and the newbies.

The agreement won't protect anyone financially because you still may have to sue the idiot who signed it to get paid for your legal expenses or at least garner a judgment. Ask any lawyer who does civil work - 10% of the job is winning in court. 90% is collecting.

What the agreement WILL do is show the court you are innocent and the case against you should be dismissed (removed as a party) because your mens rea was to NOT violate any law. Essentially your hands are clean, esp. if you mandate everyone who walks through your doors and provides art has to sign such an agreement and you can provide the court dozens or even 100's of copies of previously signed HH's to prove your intention to not violate the law.

There is specific insurance available that will cover those situations. Even there you can get a discount for following certain protocols.