Copyright issues falling on the designer

[Benjamin]

What happens if I have a client who I suspect is giving me photos to use that they don't have permission for. But I don't know this, and I've mentioned that they should have permission and they don't seem bothered.
If it does turn out that they don't have permission and someone chases them, am I likely to get in any trouble? I have a typed out document (sent by email) which is a 'contract' which says in writing that they must have permission to use the photos they supply. Any of you guys come across issues like this?

http://www.jackfruitdesign.com/
Om Namah Shivaya

[PrintDriver]

This is for high end long term stuff...

We are supposed to collect a copy of the signed image rights release before we print stuff.
It states that the person supplying the image has in fact contacted the owner of the image and has their permission to use the image. Also it may be a receipt saying they purchased the rights to use the image (like what you get with Getty or Stone).

Royalty free images usually have a one time download fee, in which case you have a receipt, or come from a stock-type website where it is common courtesy to contact the image creator and inform them you are using their image and for what purpose.

In cases where the image may be public domain there is a term called 'Due Diligence' which means you or your client has personally researched the background of the image (remember to name your sources and there are researchers available for this $$$) in order to find a copyright holder. Case in point is Library of Congress. If you get images from there, nothing says that they are Public Domain. You can pay them $45-$60 (or much more) for a 'Due Diligence' search though.

It's called, 'Cover your Ass'.

PrintDriver is a grande format digital print dude. His advice/opinions may not apply to the 4color/offset/web world of printing

Post Edited (PrintDriver) : 11/20/2004 6:10:18 PM GMT

[Benjamin]

Yeah, I see what you mean about high-end. I couldn't afford to do all this for the smallish websites I'm doing.
I'm just wondering how far most designers would push a client in this matter. Surely legally if they say they have the rights and I don't know otherwise, I'm covered anyway?

http://www.jackfruitdesign.com/
Om Namah Shivaya

[coconut]

Anyone can say anything. I would get it on paper from the client or an email saying that they have copy right, if you are concerned, gut feelings can be a warning for yourself, if it doesn't feel right don't do it.
Of course you don't want to be a stick in the mud or a bother for your client, but you do want to uphold a certain code of ethics and cover yourself at the same time.


What do I look like a smoken monkey?