Let's say someone wants me, as a web designer, to modify "their" logo and/or web graphic for them. If they provide copyrighted material to me, which they do not own, and I modify it to their wishes and give it back to them, who is at fault here? Now as this hasn't happened to me I saw a thread in another section of DP that sparked this question. Please don't answer unless you're completely sure. I'd really like a real answer here and not just a bunch of "I think" answers. Thanks.
Even though the web designer is the one who actually modified the copyrighted material and profited from that modification? I've also seen quite a few web designers here using images for which I am sure they aren't the copyright owners, and aren't using the images within the terms provided to them. Is it still the buyer/publisher of the design who will be in trouble? Even though they didn't know the images used in their web design were copyrighted material? Or in this instance is it turned back to the web designer? Thanks again for your previous response.
If a mechanic works on a stolen car, will they get arrested for stealing the car, or the customer that brought the car in?
The simple answer is that you should have a disclaimer that when your clients provide materials to you to work on that they own or have rights to those images. You may rely on their representation. It is not your job to police them beyond that. In addition, the law is confusing, it would not be your place to judge without knowing or investigating their intended use, etc. I could give you what appears to be a copyrighted image, say the coke logo. You might think I have no rights to it, but that is just your assumption. My rights may depend on how I intend to or actually use the mark.
The laws rearding copyright are different in ever country so giving you the exact advice is probably a little hard. However in general, you have 3 options: 1) refuse the work 2) do the work 2) If you are not sure that the client has the right to adust the logo then then ask the client to sign an agreement waiving your responsibility in the event a claim arises in the form of a suit against you for making changes to a logo they provided. In business, you need to be legally protected and the only sure way is to have solid legal advice from a good lawyer and lots of paperwork in the form of agreements that are legally enforceable in your country. Due dilligence comes in many forms, one of them making sure that you know where you stand in the event of copyright breaches and that you are protected.
If the mechanic worked on the car in the knowledge that it was stolen, then the mechanic can be arrested for not reporting it. Of course, the court would have to prove that the mechanic knew the car was stolen because the mechanic will deny it and will possibly purgor himself/herself in court to avoid be fined or going to jail. However if the mechanic worked on the car in "good faith" (ie the customer told the mechanic that it was not stolen) then the mechanic wont be arrested. Its still a good example though.