Using Client Images In Own Website

I have a robust eCommerce website where I sell commercial printing, signs, banners, etc. While building it, I’ve used stock images for the various products which looks fine and professional. After 20+ years in the biz as a design and reseller, I have thousands of artwork files.

Is it common practice or acceptable to use actual customer artwork files I’ve created, on my website to illustrate our work?

In my mind, I believe that others in my trading area would be more compelled to buy from my site if they saw that another business they recognize uses my services.

Thoughts and advise welcome!

It is better to ask for forgiveness than ask for permission.

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You can do that if you like takedown notices… :face_with_diagonal_mouth:

The other part of posting client stuff is, if the images are client-provided, they may not want them on your website. Some of the work I do, the client provides imagery, but they get the imagery from Getty. They absolutely do not want that imagery on our website and I sure as heck don’t want to get whacked by Getty for the web use fee.

Most designers put it in their contract that they can use the art they create to promote their business. Do you do that kind of contract?

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The GAG handbook recommendation is to put something in your contract that says you retain the right to publicity of your design work, that way the client knows and you have documentation. But technically, you have copyright on your work and can do what you want with it, as long as all the content was created by you. Did the client supply any photography or stock art? Did you use their logo? If so, then you would be using someone else’s copyrighted or trademarked graphics to market your business., and that could be a liability for you.

If you show something promoting someone’s ETSY business, they would probably be pleased at the free publicity. If you show some work you did for Coca Cola, they’d definitely object.

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These are great replies you guys!

I’m confused about what you do. Are you a designer, a printer, or a little of both?

I’m not an attorney, but here’s what I understand to be the case in the U.S.

In the U.S., the copyright stays with the designer unless (1) the designer is an employee of a company and that employee produces the work for the employer or (2) the independent designer signs over the copyright to the client. In the latter’s case, most clients don’t realize that they don’t own the work produced by the designer and that, in the absence of a contract stating otherwise, they only have purchased rights to use the work.

If the client supplied the images or fonts in the work, the client either owns the copyright, has obtained rights to use the images, or has illegally obtained the images. Without a contract stating otherwise, you can’t legally use those images. However, if the images in the work are yours or obtained under your name through a stock service, you own the license to use those images for your purposes (depending on your licensing agreement with the stock service).

When your role is printing the artwork supplied to you by a customer, you don’t have any rights to use that artwork without their permission.

Of course, there’s more to consider than what the laws say.

I doubt any client would care if you posted their no parking sign on your website, but you never know. If the no parking sign also contains their logo, they might care since it could imply an endorsement they don’t wish to give. Even when you own reproduction rights as the designer, do you want to offend a customer by posting the work without their permission? After all, your brand and reputation are at stake. Worse still, do you want to receive a threatening letter from an attorney, even when a court battle would rule in your favor? Win or lose, it’s best to avoid litigation.

Even so, as @Smurf2 said, sometimes it’s better to ask forgiveness than permission, but if it were me, I’d be cautious. Most clients will readily give permission, so when possible, get permission.

As @PrintDriver and @Mojo said, it’s best to explicitly state in your contract that you have the right to use the work for self-promotional purposes. Most clients/customers won’t object, and for those that do, you can scratch that clause from the contract.

As I mentioned, I’m not an attorney, so take what I say with a grain of salt. If you want solid legal advice instead of the opinions of a guy on the internet, ask an attorney.

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Change it to another image

I might consider it, if I never wanted the client to come back again.
The types that say “no,” tend to distrust unsolicited use of their assets and don’t return. They could be a great client otherwise.

Hence the beg forgiveness part

Im a printer who has learned how to be a designer! I really appreciate your insights!

Yeah, I’m gonna take a chance that a client will forgive and forget.
But if it’s worked for you {shrug}

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It’s good to highlight how flippant the attitude can be.

Typically it’s agreed well in advance we can use the material on the website, and usually with a testimonial.

We’ve put things on the site before that the client didn’t approve but never said anything.

All in all, I’ve never had to ask for forgiveness.
As usually it’s already agreed.

But the times it happened, nothing has been said.

It’s all relative to how flippant you want to be about the situation.

Sure, a quick email to the client, hey we’re updating our site and want to use some materials we worked with you - are you ok with this?

All good.

I’ve never had an issue. But then again, why would you.

I guess context plays a huge part.

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context and clients, LOL.

We had one client that said we could use images if their name wasn’t in the online asset names, nor in any other searchable text. :wink:
(AI search engines may change that any day now though…:frowning: )

But Getty is RABID. I swear they have a whole department scouring the web for images that belong to them and another department billing for them.

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