My Boss wants me to recreate copyright and trademarked graphics....help!

[jos.a]

So my boss owns a pretty large sign, banner, laser, sanblast, design, and vinyl shop which sells alot of merchandise through the internet. He once went to jail because Toyota caught him selling unlicensed merchandise with thier logo. He wants me to create unlicensed merchandise on a daily basis. How can I tell him I wont do this with out him getting upset? He pays me well, I get my own office and bathroom and its convenient to my home, so I dont just want to quit. He is not afraid or is ignorant about trademark, copyright, and licensing laws. How can handle this situation so I can stop this? Can I get in trouble as the designer? Or is only the employer responsible? Thanks for any information you may be able to shed. I had a hard time finding anything specific to this by googling. Thanks again!!!

[Tea]

Well, I don't know about the specific laws, but my guess is that he would pass it on to you. He's not going to take the rap if he isn't afraid of it now, something says...big red flag here.

I guess I'd start looking for a new job. It might be convenient and pay well, but I think you are already feeling pretty uncomfortable and that's not going to change anytime soon.

[The_Black_Knight]

Run. Run screaming.

No, I'm not kidding, and I'm not saying that to be cute. If this guy has already gone to jail for crap like this, then he'll probably wind up taking you down with him if you stay.

[CkretAjint]

I would walk out. Or call the local police and see if they can 'investigate' him to scare him not into doing it or something... *shrugs* I wouldn't do it, especially if he's gone to jail for it before!!!!

[Virgo Nightingale]

Is the better pay and private bathroom really worth the risk of jailtime and fines for copyright infringement? I don't see how.

Leave. Seriously.

And as soon as you do leave, I'd also consider anonymously contacting the rightful owners of the copied copyrighted materials and let them decide whether they want to file a lawsuit. But that's just me. I can be spiteful. :D

[jos.a]

Ok well has anyone ever been in a situation or position such as this? Also I would ideally like to get him to stop having me do these things and run a legit business so that I can continue working here. Like I said its really a good job, except for the aforementioned problems with being asked to create products and designs without licensing. Its even worse because we charge customers extra to do licensed work!!!!

Anyone have any ideas on how to get him to stop(or at least stop asking me) to do this kind of work!???

Thanks again!!!

P.S.- this guy has been in business for over 25 years and his websites come up as the #1 search on almost all search engines when you search for specific products we specialize in. How can this have gone on for so long??

P.S.S.- Anyone know the laws wether only the owner can get in trouble or also the employees??
Especially when I have tons of proof of requests to make these items and It clearly says stuff like "hey i know where not supposed to but can you do this for me..."

THANKS AGAIN

[Red Kittie Kat]

:eek:

I think you answered your own question with saying he has already gone to jail ... get out before he takes you with him next time .. and there will be a next time.

[The_Black_Knight]

The dude already went to jail for stuff like this. And he's still doing it. What makes you think anyone can make him stop?

If a quick commute and your own bathroom are worth going to jail for, then by all means, stay. Heck, I could get the same benefits from being a drug dealer.

Otherwise, I would be sending out résumés to every company I could think of.

[Red Kittie Kat]

Him ending up in jail again will get him to stop - sounds like he is heading there fast.

If you want to get this guy to change go for it .. talk to him. I have a feeling he has no intentions of changing.

He is knowingly breaking the law and apparently laughing all the way to the bank.

You should be more concerned on any of this coming back on you vs trying to get him to run a legit business.

Sorry to sound harsh but you need to get out of that situation.

[CkretAjint]

I have, unfortunately. I told the boss I won't do it and we compromised on it, he ended up outsourcing those jobs to someone else that had no morals (IMO). The boss was happy, after the fact, and I kept my job... *shrugs*

[jos.a]

thanks for the info secritagent.

I will have to think this over carefully. I have to have a job, I cant just run out the door screaming "bloody hell with you all!!!!" but i'd like to :)

And if you were in this situation and you were going to take down the boss, what government or private agency would you contact about this? How would you get this guy to stop / shutdown his business?

Is there a entity which deals in this sort of behavior? Thanks again

[jos.a]

thanks for the info secritagent.

I will have to think this over carefully. I have to have a job, I cant just run out the door screaming "bloody hell with you all!!!!" but i'd like to :)

And if you were in this situation and you were going to take down the boss, what government or private agency would you contact about this? How would you get this guy to stop / shutdown his business?

Is there a entity which deals in this sort of behavior? Thanks again

PS. I understand why you are all being harsh but realize I also have a child who would be hungry if I wasnt working.

P.S.S.

Any one know a way to quit and still be eligible for Unemployment????

Thanks again.......

[captain spanky]

sorry i know nothing about US law so can only recommend that you apply for as many different jobs as possible!

[The_Black_Knight]

sorry i know nothing about US law so can only recommend that you apply for as many different jobs as possible!Or sign up with a temp agency, just to keep working until you find something else.

[Spunky Nerd]

I think that you are looking for a quick and simple fix to this, hurting no one. There isn't a simple solution though, either way someone is going to be hurt. It sounds like you see there is a problem, but you aren't willing to do anything about it... I also have a son that would go hungry if I quit my job, but he would be even more hungry if I went to jail. Wouldn;t you like to think that your child could respect you when they are older for realizing you did the right thing?

As much as you think this is a good job are you really happy???? Why would you stay there if you are this stressed out about it?? I know you think it's a great job, but there are plenty of jobs out there, start looking for a job now, and quit after you find one so you dont have an employment gap...

sorry if I sounded mean, but it sounds like you are looking for an easy way out when there isnt one...

[tZ]

A recent survey shows that people who are willing to stand on their ethical and moral ground and say no regardless of the consequences to these types of request usually find a better position in the future and lead more successful career than those who just give in;)

[jos.a]

thanks for all your replies and advice. Its not that I am looking for an easy way out, i am just trying to figure out what my options are and seeing if anyone with more knowledge of this type of situation may have another solution I have not come up with yet. Basically I just want some feedback and some opinions on the issue. And i thank you all for both. Any other suggestions, or comments, Or any other options?

[tZ]

Seems like the money and living your accustom to is more important than ethics. In that case there's an easy answer – do it! Thats not to say your bad person or anything but obviously you place your family at a higher level than your career º which is in many cases a great thing. It all comes to to what is most important – ethics or your child/family – right? You not killing anyone, so just go through with the work and move on. Maybe not the advice you want to hear but, I don't think there is a sound way to get everything you want here.

[captain spanky]

put it this way... do you want to go to jail?
if yes - carry on, go measure the depth of the water with your brown ruler in your personal paper room and remember, there's nothing to see here.
if no - please leave asap. it's not fair on you and it's not fair on your kid for you to risk it. Don't be someone else's fall guy.

[tZ]

Would the designer be held accountable if they didn't know it was illegal?

[jos.a]

Ok I understand what you mean I definetly do not want to become someone elses fall guy. And I do see alot wrong with stealing and selling of licensed, trademarked, and copyrighted materials.

One question which hopefully someone may know:
If your employer asks you to do something illegal in the workplace are you responsible for the actions or is your employer? ...............
And,

Can you sue your employer for directing you/making you/asking you to break the law?

[Spunky Nerd]

I dont think you can sue... You can't sue because someone asked you to do something illegal and you agreed to it for a time...

If someone told you to rob a bank with them and you did it willingly you would both get in trouble, not just him because he TOLD you too, you chose to do it and you knew it was wrong... same applies here...

[The_Black_Knight]

Would the designer be held accountable if they didn't know it was illegal?[Authoritative Voice]"Ignorance of the law is not an excuse for breaking it."[/Authoritative Voice]

You can get busted for breaking the speed limit even if you don't know what the limit is on a particular stretch of road, and you can get busted for tax evasion even if you don't know you're supposed to pay taxes. Same deal with copyright infringement.

And yes, I think you do have legal recourse if your employer tells you that you have to break the law to keep your job (maybe not by suing him, but by other means). If you have evidence in writing, that would help. You would want to talk to a lawyer before doing anything.

[captain spanky]

Would the designer be held accountable if they didn't know it was illegal?

i don't know... but would you want to risk it?
I know i wouldn't. If i thought something was questionable, i wouldn't do it.

[Spunky Nerd]

[Authoritative Voice]"Ignorance of the law is not an excuse for breaking it."[/Authoritative Voice]

And yes, I think you do have legal recourse if your employer tells you that you have to break the law to keep your job (maybe not by suing him, but by other means). If you have evidence in writing, that would help. You would want to talk to a lawyer before doing anything.

From what she has stated I don't think her boss has been like do this or I will fire you, it sounds like he has asked them to do something illegal and they have done it and are getting mad about having to do it...not that they are being threatened... end of story.

[The_Black_Knight]

From what she has stated I don't think her boss has been like do this or I will fire you, it sounds like he has asked them to do something illegal and they have done it and are getting mad about having to do it...not that they are being threatened... end of story.So, you think if jos.a tells the boss, "No thanks, it's against the law," that the boss will just shrug and say, "Nevermind"?

I'm sure that if the boss met resistance, that threats of some kind would be issued at some point, whether it was directly (do it or you're fired), or more subtly (well, I can always find someone else who will do what I tell them).

And remember, the boss already went to jail for the exact same thing he's asking jos.a to do. He knows what the consequences are already, yet still wants jos.a to do it.

[Spunky Nerd]

I understand what you are saying but you can't sue someone on the basis of "My boss would have threatened me IF I had said no". You have to have solid evidence of a threat you can't say Well they WOULD HAVE threatened me...

IF's dont hold up in court...

And why would you want to sue anyways... just get out of there!

[CkretAjint]

Good Lord this is way out of hand. First the guy has to tell his boss that he feels uncomfortable breaking the law for him. THEN take it form there...

[Spunky Nerd]

agreed ckret....

jos... keep us updated, hope everything goes well and I didnt' mean to be mean... ( :

[jos.a]

Another question I have for anyone who may know the answer:

If for example a customer wanted a custom t-shirt that said "John Deere" but did NOT include the logo , just the name of the company would that be illegal to create and sell to the customer??? Thanks again!

[CkretAjint]

If it is in reference to the company I would say so... I would mention it to them, and then suggest another creative path to take.

[The_Black_Knight]

Another question I have for anyone who may know the answer:

If for example a customer wanted a custom t-shirt that said "John Deere" but did NOT include the logo , just the name of the company would that be illegal to create and sell to the customer??? Thanks again!Yes. Yes it would.

[frankster]

...unless that customer's name is actually John Deere and he's planning on wearing all the tshirts himself.

[jos.a]

Ok thanks for the answer I was 99 percent sure but needed that extra 1 percent. My boss has not shown up today yet and next time I see him I will approach him and give you all the scoop, and what he says. Thanks again, and until then please feel free to continue commenting with advice, even if its harsh!!