Howdy all. I am thinking of starting a business creating web sites, doing SEO etc. for local businesses. I was toying with the idea of using freelancers for this, as it allows a lot more contracts to be undertaken. I am wondering what are the legal implications (I live in the UK) of a freelancer infringing copyright on images or other work? Am I liable to the customer for these infringements, or can I have a contract written up to sidestep any legal obligations with regards to copyrighted materials received from these freelancers?
The legal implications are real. A freelancer in your employ will probably create liability for you. Larger businesses deal with this through the use of contracts. You can do the same thing. Your contract with the freelancer states that they're NOT to use anything they don't create themselves. Then it makes them indemnify you against any violations. The problem is that most freelancers don't have the financial portfolio to withstand a suit of that type. So while they indemnify you, YOU are still defending the violation in court (and are liable for any financial penalty). And when you lose the suit, you'll have trouble recovering from your freelancer. So, if you're gonna' go down this road, I would also suggest that you require your freelancer to get insurance that INCLUDES coverage for willful acts (a copyright violation is considered theft). It's harder to get, but possible. And YOU should try to get the coverage, too - to also include the acts of your freelancers. Good luck!
Some places will offer a NDA. But, you need to really probably go to countries that honor the laws that you are wishing to uphold.
If you have a well writeen contract, you can be sure that the freelancer is not going to play around with it. But if you hire a freelancer from abraod, you cant do much even if you have a contract. Side stepping may or may not be possible, better dont take a risk. If you are having serious work for a client, get a freelancer from a location where you have control over him.
Also! remember freelancers! are not reliable @ most of times but you to find some special for it Anyways! for starting any business remember! NO RISK = NO BUSINESS
Taking on feelancers can create liability for you if you use their work. You must be very careful when you post work done by freelancers.