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Thread: copyrights question...

  1. #1
    War is futile: just drink beer phooka's Avatar
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    copyrights question...

    hi all;

    i was recently contacted by a friend who wants me to create his website. Now, he has got a brochure from a company with some pictures that he finds particularly suitable for the website.

    There is not a copyright notice in the brochure referring to the pictures, so I don't know whether I can use that material or not...

    Furthermore, in case I used it, which could be the consequences for
    a) my client
    b) myself

    The brochure is from the UK and I live in Spain...

    thx!

  2. #2
    FK M.D. pheck's Avatar
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    by international copyright law, it is not necessary to post that something is copyrighted to protect the work. it is by default copyrighted, and you should contact the creator for permission to use it.

  3. #3
    FK Slacker
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    I wouldn't advise using any images unless you're sure you have the legal right to do so...

    Most likely consequence would be a simple cease-and-desist letter, which forces you to go back and redo a bunch of your design work. Failure to comply with the c&d letter could get you into a lawsuit...

    Plus, it's just not cool. I'm sure you'd be pissed to find someone using your work without credit or compensation. So why do it to someone else?

    There are plenty of reasonably priced stock photo agencies out there, surely you can find appropriate images at one of them...

    My 2 cents,

    K.

  4. #4
    Senior Member MG315's Avatar
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    but it would be no loss to you if you told the client beforehand that these images could be copyrighted, you tried to contact the original creator to get permission but didnt receive an answer, and the client wanted to go ahead with it. if any legal action was taken, it would be towards your client and not you. but mention to your client that you could probably find similar pictures that are royalty free.
    Bill Erickson: resume | portfolio
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    Great Designs for $100

  5. #5
    War is futile: just drink beer phooka's Avatar
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    thx 4 tha feedback guyz! I've always loved to create my own sources, however I guess the client has the last word... I've informed him of all your comments and he is still ready to go ahead, so I guess I'll just have to go for it... :/

    Anywayz, thx again!

  6. #6
    RealitySlip
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    You might want to have a clause in your contract stating that the Client guarantees that any text, photos, trademarks, etc provided by the Client are owned by the Client or have permission to use them, and that the Client will hold harmless and defend the Developer from any claim or suit arising from the use of such elements.

    I think MG315 is correct (I'm no legal expert though, so you definitely should talk to a lawyer about this), however it's best to avoid getting into these situations, especially if you know the graphics are not property of your client. If your client insists then make sure he understands that he will be fully responsible for any consequences. I still think it would be a good idea to try your best to persuade him to do otherwise...
    Guido Rosso
    Lead Designer
    RealitySlip
    http://www.RealitySlip.com

  7. #7
    War is futile: just drink beer phooka's Avatar
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    thx neurowave, i told the client all the problems of this particular action and he still wants to go ahead with it... it's a real shame coz i wont be able to put this in ma portfolio, but anyways... thkx again1

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