Now who is correct...............??

[Gino]

I wasn't sure where to post this, so if it's in the wrong area, I'm sorry.

Okay, now onto the predicament.

Copyright or not problem.


​

Had a customer come in yesterday with some artwork and a file with a picture on it. They've been a good and loyal customer for about 20 years. They want to letter a 34' trailer. Asked for a cut-vinyl price and a partial wrap price.... and of course, that's where the picture comes into play.

I asked him where he got the photo, since it was very good to high resolution and a rather nice size to use for their backdrop. He said off the internet and I asked him if he purchased it. He said, I think Russ did. So, you have permission to use this copyrighted piece of photography and he said, sure.

Now, I don't believe him, but he wants me to alter the picture to fit the size needed for his trailer which will make the picture completely unidentifiable. It will just be a picture of a hill with grass and trees on it as we're getting rid of the main theme on the photo and just using the grass and trees. He really liked the setting.

How.... or is this in violation of anything on my part, if he shows me proof of his purchasing this or should I just take him at his word and not press the issue ??

The owner of this company is a pretty upstanding guy, but none of the people in this company are gonna know to buy a licensed photo off the internet for this kinda use. I know 'em all too long to know they probably didn't buy it, but I hate to challenge their honesty if the picture is going to change dramatically and once their copy goes in front, it's gonna be even less noticeable.

for for your help or suggestions........ Gino
​

 

[d fleming]

Under the circumstances I'd say run with it, but if you want I'm sure you could find something similar on dreamstime or someplace to purchase and recreate the backdrop. It's not like it's being used in it's entirety or as a main theme.

 

[John Butto]

remember this lawsuit:
http://en.wikipedia.org/wiki/Barack_Obama_"Hope"_poster

 

[Fred Weiss]

I don't see where it is part of your job to play copyright cop. The client has supplied you the art and there are no notices on it that you might normally be expected to pay heed to.

 

[2B]

I don't see where it is part of your job to play copyright cop. The client has supplied you the art and there are no notices on it that you might normally be expected to pay heed to.

+1

if you are still worried have them sign a release form to the effect if any legal issue arises from this then you can not be held accountable

 

[petepaz]

not sure how the actual law reads but if a customer comes to you with a job and verifies that it's ok to print the job how are you to blame. it's on his truck so doesn't it become his responsibility since it's his property?

 

[Gino]

I agree with most of you.

I just thought, if we were printing it, could we be held responsible for being the ones actually re-producing it and with our cropping and changing things, would it appear that we knowingly were changing something we knew to be wrong ??

I think I'm just going to put in the quote that it is understood by us....... that said artwork and files are his property and we have his permission to alter it.

That'll probably let me breath easier tonight while sipping on some whiskey..... while watching the stars.

 

[tsgstl]

I don't see where it is part of your job to play copyright cop. The client has supplied you the art and there are no notices on it that you might normally be expected to pay heed to.

+2
you asked him, he said yes, end of story

 

[signage]

Gino you are the one who is always saying sealing is stealing, no matter what you think it is still wrong(stealing)! Go take a picture yourself or purchase one and show us you do as you say, not put some wording/text on it and you think its alright now!

 

[webguru]

Gino you are the one who is always saying sealing is stealing, no matter what you think it is still wrong(stealing)! Go take a picture yourself or purchase one and show us you do as you say, not put some wording/text on it and you think its alright now!

+1

 

[steveo251]

We have run into similar issues over the last few years... We took two different scenarios to our lawyers to find out what our liability was if a customer supplied files that included artwork that was not legally theirs to use. We were told that there is no way that as a printer can be held responsible for files supplied to them. It is not a reasonable expectation for us to be able to tell if supplied art belongs to the customer or not. Depending on where you live, what you are interested in, your background... etc... you may quickly recognize a picture or logo, where if I have a different background or interests, I may not. It's the customers liability, not the printer. Although, if you suspect it's stolen property and you still proceed with using it, then you may assume some liability. It's better to act as though you've never seen it before. .... Of course, I'm no lawyer, but this is the way it was explained to me..... Good luck!!

 

[John Butto]

So what some of you are saying is that if the guy brings a kilo of coke to your shop and as Fred said, "there is no notice on it". And wants you to hold it for him and you know the law, you tell the cops when they come, "O, that is not mine, it is the customers', he said he bought it"! Fred just posted some copyright thingamajig on here the other day, is that like listening to the long beep when testing radios for emergency use only and he has to do that for show.
Take Signage suggestion of taking the picture yourself.

 

[steveo251]

So what some of you are saying is that if the guy brings a kilo of coke to your shop and as Fred said, "there is no notice on it". And wants you to hold it for him and you know the law, you tell the cops when they come, "O, that is not mine, it is the customers', he said he bought it"! Fred just posted some copyright thingamajig on here the other day, is that like listening to the long beep when testing radios for emergency use only and he has to do that for show.
Take Signage suggestion of taking the picture yourself.

Hi John, point taken, but I think there is always a common sense factor. If the artwork is a Nike Swoosh or a UPS logo .... McDonalds arches.... then it's kinda hard to act as though you are not familiar with it.

 

[GVP]

I agree it's not our job to police copyright, given a reasonable assumption can be made. If a customer comes to you with original art but hasn't paid the designer or got a release for it, how would we know? Do we have to run background checks on every piece of artwork? I think a simple paragraph in the quote explaining the customer assumes the responsibility would be appropriate.

 

[Techman]

But you have to remember,
They go after the producer of the art in copyright disputes..

 

[Gino]

Gino you are the one who is always saying sealing is stealing, no matter what you think it is still wrong(stealing)! Go take a picture yourself or purchase one and show us you do as you say, not put some wording/text on it and you think its alright now!

Are you on new meds or what ??

This guy brought the artwork and the picture and said it was his when I point blank asked him. Now, at this point, I don't believe him, but that's an opinion and not a fact whatsoever. However, he says he bought it and you tell me I'm stealing ?? What for planet are you from ??

Do you ever re-read some of the stuff you send out ??

 

[Techman]

Gino
Do you post stuff just to be a lightning rod?

 

[rjpjr]

...They've been a good and loyal customer for about 20 years...It will just be a picture of a hill with grass and trees on it as we're getting rid of the main theme on the photo and just using the grass and trees. He really liked the setting.

If what you say is true, then help them out!

Search Istock or (insert preferred photo source) and locate a comparable image and recommend using it instead. It may require a fair amount of time to find a similar setting, but it will be worth it if they truly are a good and loyal customer.

Help them do the right thing. You will both benefit from the extra effort.

 

[petepaz]

i actually had a customer who had me print some graphics for his truck and apparently the graphic came from a greatful dead album but ididn't know that. long story short someone who was involved with the greatful dead saw his truck and got a lawyer and they sued him. he ended up paying like $25,000 settlement and he had to pay me to re-do the trucks but i had no legal action brought to me. it was the same as your situation he gave me art and i just assumed it was ok and went ahead with the job.

 

[Fred Weiss]

You can always do a Google image search to see if the image is claimed by anyone other than a stock image site.