1 Reply Latest reply on May 21, 2006 7:08 PM by Newsgroup_User

    A designer's responsibility in copyright issues?

    il_doctore
      I posted this in the Dreamweaver forum, But it probaly fits better in here. I had a client recently who wanted me to use some line drawings she gave to
      me for her website. The drawings were provided as scans, and when enlarged,
      it was obvious that the drawings were scanned from a book or magazine. She
      claimed she did not know the origin of the scans. I told her that is
      copyrighted material, and she can get in big trouble for using them. She
      said, "I would rather beg for forgiveness, than ask for permission". Our
      business relationship ended 5 seconds later. My question is this: what if I
      had not noticed the drawings were copyrighted and put them on the site? Does
      anyone know what a designer's liability is in such a situation?
        • 1. Re: A designer's responsibility in copyright issues?
          Level 7
          il doctore wrote:
          > I posted this in the Dreamweaver forum, But it probaly fits better in here. I
          > had a client recently who wanted me to use some line drawings she gave to
          > me for her website. The drawings were provided as scans, and when enlarged,
          > it was obvious that the drawings were scanned from a book or magazine. She
          > claimed she did not know the origin of the scans. I told her that is
          > copyrighted material, and she can get in big trouble for using them. She
          > said, "I would rather beg for forgiveness, than ask for permission". Our
          > business relationship ended 5 seconds later. My question is this: what if I
          > had not noticed the drawings were copyrighted and put them on the site? Does
          > anyone know what a designer's liability is in such a situation?
          >
          Why post this in so many forums?

          Others have suggested putting a clause into your contract with the
          client requiring the client to warrant that he/she owns the rights to
          all material provided to you and indemnifying you/holding you harmless
          against any adverse consequences. Depending on where you live, this may
          provide you some protection.

          However, I **AM** a lawyer (albeit not in this area of law), and even if
          you have done nothing wrong, you could end up spending a lot of money
          defending a lawsuit. Being vigilant as you were is still a good idea.
          :-) You may learn in other ways that the client is shaky on
          ethical/legal issues. ;-)

          --
          Bonnie in California
          kroko at
          pixelplum dot com
          http://www.theanimalrescuesite.com/cgi-bin/WebObjects/CTDSites.woa