if a client tells u to break a copyright law

Discussion in 'Legal Issues' started by 8everything, Jul 28, 2006.

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  1. #1
    When a client indirectly tells you to break a copyright law (such as gettin photographs off images.google.com) who is liable? The client or designer?
     
    8everything, Jul 28, 2006 IP
  2. Essential-Design

    Essential-Design Peon

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    #2
    you, if its indirectly without anything written down, than he will just say he hired you to make a site and i had no idea he was using copyrighted material.
     
    Essential-Design, Jul 28, 2006 IP
  3. TheSyndicate

    TheSyndicate Prominent Member

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    #3
    Not easy many image you can play around with in the computer and then you can not publish them. It all depends what licens it is. But sure if he publish it on his website he is to blame but he can offcourse blame you for taking it. So if you know it was "stolen" then you breaking the law as well. Now sue people in diffrent countries is even more difficult.
     
    TheSyndicate, Jul 28, 2006 IP
  4. 8everything

    8everything Peon

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    #4
    Good to know. Thanks.

    Thank goodness I only use stock photographs!
     
    8everything, Jul 28, 2006 IP
  5. TigerGreen

    TigerGreen Peon

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    #5
    If you get busted for copyright enfringement, even if the client said "it's ok," it's YOUR reputation that suffers.
     
    TigerGreen, Jul 28, 2006 IP
  6. mjewel

    mjewel Prominent Member

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    #6
    A website owner is still legally liable if they hire someone to design their website and the designer uses photographs without permission from the copyright holder - or even if you buy an established site. It doesn't matter if the site owner "didn't know" or told the designer only to use stock photos - it is ultimately the site owner who is responsible for the content of their site. The copyright holder would sue the owner of the site. The site owner could then sue the designer for doing something illegal without their permission (copyright infringement can be a criminal charge, and there are extreme cases of prison time for infringement). A designer should ask the site owner to supply the photographs and have a written contract saying they are using the images based on the owners repsentation that they have legal permission to use the photographs or artwork. A designer should not use photographs knowing they are copyright infringement - you are just asking for problems.

    If you hire someone to design your site, you should ask for proof of usage rights for any photos they use. I know someone who is currently being sued by Getty images for having a site that used small thumbnails without a license. Getty demanded a usage fee of $1,000 per image - and the copyright holder basically gets to set their own usage charge. Getting a bill for thousands of dollars for a single image is not uncommon.
     
    mjewel, Jul 30, 2006 IP