Screen printing copywrite images or text

[LRC]

Hi. Do any of you often come across request to print copywritten images or text.

Obviously you don't entertain the idea, but how do you ensure you avoid doing this?

I was thinking some kind of indemnity would help with this. Getting customers to sign to say that they own an image or text or have permission to use it.

[socialgiraffe]

This has been discussed many times and there are two schools of thought.

My personal opinion is that if you clearly state in your terms and conditions that if you are offering a printing service then it is assumed the purchaser has copyright permission and that you accept no responsibility for copyright infringement. This is they way most personalisation companies operate as it is the most economical and easiest to administrate.

The other thought is that, as the printer, it is up to you to check that the purchaser has copyright permission, how you would do this is beyond me and it is not something I subscribe to.

All of the above assumes you are not selling a product that breaches copyright. i.e.

If someone pops in with a design on a USB stick that has "HAPPY BIRTHDAY LRC, LOVE FROM MINNIE MOUSE" with a picture of Minnie Mouse, it is my opinion that while this obviously breaches copyright it is not down to you to enforce it and you are perfectly entitled to print it.

However, if you advertise a mug with Minnie Mouse on it and a statement along the lines of "personalise this mug here" you are in breach of copyright.

[pw66]

This is a question that those of us who print workwear face regularly.
To a certain extent you need to use some common sense. Is the customer likely to be entitled to use the trademark, and what is the end use likely to be?

For example-
If the local Volkswagen dealer wants you to print some branded workwear or some t-shirts for staff to wear in a local fun run then you are probably have grounds to believe that the use is legitimate. If not legitimate, you will still have a reasonable defence, if prosecuted.
If the local Volkswagen owners club ask you to print some branded merchandise to sell to members then you could well be counterfeiting. Just because they own a VW doesn't entitle them to use the trademark.

I can virtually guarantee that no one will ever walk into your shop with a legitimate use for Minnie Mouse. The trademark is obviously not theirs to use.

Trademark owners and Trading Standards Officers are just as interested in the producers of counterfeit goods as they are the sellers.

[GoonerGary]

A big professional photographic printer in London has terms and conditions which places the onus on you the customer. So they assume that you have permission to use the copyrighted works, but you will also pay their (astronomical) legal costs to defend any copyright claim made against them.

A local ink stamp maker will not produce company logos unless it comes on headed notepaper and he can verify that you have permission to do so. I could have company merchandise printed and then use that merchandise for illegal purposes. Log book fraud for a garage logo; logo on a polo shirt to commit a robbery using a fake uniform.

[socialgiraffe]

I can virtually guarantee that no one will ever walk into your shop with a legitimate use for Minnie Mouse. The trademark is obviously not theirs to use.

But that is not the point, while there is probably no doubt that the customer does not have copyright permission, it is not down to you as the printing service to administer it. No where in law does it state you are.

Trademark owners and Trading Standards Officers are just as interested in the producers of counterfeit goods as they are the sellers.

Again, that is very different to what I am saying.

[pw66]

But that is not the point, while there is probably no doubt that the customer does not have copyright permission, it is not down to you as the printing service to administer it. No where in law does it state you are.

You are selling a product with some ones trademark on it. To claim you are just fulfilling a customer order is not a defence, no matter what disclaimers you rely on. The more high profile the trademark, the more obvious the breach and the less defence you will have. You might get away with infringing an obscure TM.
You are being very naive if you think that you are covered because you are just supplying a printing service. Ask your local Trading Standards department to clarify matters for you.

[socialgiraffe]

Ask your local Trading Standards department to clarify matters for you.

I don't need to. Sorry, but I am right with this one. I have a website that is very closely linked to Disney Products. It is not officially endorsed and it is not offering counterfeits, it is a perfectly legitimate business where customers can upload their own artwork to be printed on a Disney product.

We had this checked by our own legal team and even met with Disney in Florida to discuss the site. None of them raised the issue of copyright as it is not relevant when offering a service. Trading Standards have never approached us and to be honest, never will as there is no infringement.

[pw66]

It is not officially endorsed and it is not offering counterfeits, it is a perfectly legitimate business where customers can upload their own artwork to be printed on a Disney product.

You are talking about adding personalisation to a legitimate licensed product, which is not the original question. Most of us will print onto branded product at some time - it is no different to adding a name to a football shirt.

The original question was about printing a trademarked image or name. If you print a trademark without permission of the IP owner then you are in breach of trademark. Any disclaimer you have between you and the customer is not binding on the IP owner.

[socialgiraffe]

You are talking about adding personalisation to a legitimate licensed product, which is not the original question. Most of us will print onto branded product at some time - it is no different to adding a name to a football shirt.

Correct, but that is because I did not explain it properly. The items I produce are a stand alone product. However I will point out that I have an online artwork creation tool so the buyer does all the work, I just print and dispatch.

The key factor here is that the law is black and white on copyright. While it continues to be so then a printing service can not be held responsible for any copyright infringement. It would be a fair assumption that you have to make sure that the purchaser signs a form of some description (I know its in our T&Cs), but because it is open to different interpretation then you can not expect the printer to make the judgement.

Otherwise trading standards etc, etc are reliant on the "opinion" of the printer which is not a black and white definition.

[pw66]

The 'opinion' of the printer is of little relevance - Trading Standards are responsible for enforcing any criminal breach of the relevant laws. It is the responsibility of any business owner to ensure compliance with the law. Ignorance is not an excuse.
It only takes a few minutes to check a Trademark on the Patent Office website.
If you print an item with some ones TM on it, without their permission, you are manufacturing a counterfeit item for commercial gain. The fact that you are doing it on behalf of a customer makes little difference.
Infringement can lead to both civil and criminal proceedings.