Copyright - Proof of permission

[Justin]

Yes I know, we've discussed this before Slightly different slant this time.........

So a trade customer contacts me with the usual very low res internet borrowed images of famous people/characters etc. Instantly my guard is up, do you have permission, if so why don't you have decent images and so on. We all know the score.

I contact the customer who is adamant (not Adam Ant) that they have permission. OK, could be enough for some but I'm weary. I send them a letter asking them to sign which clearly states they have full permission to use any and all images supplied. Eventually they sign and return it.

Is this enough? Am I being a little naive perhaps? Surely it isn't down to me to prove or check they have these permissions in place?

...and discuss.......

[GoonerGary]

Make sure that your business name is nowhere near the product.

Ask him for that letter of permission.

How much do you need the business?

Can you sleep in the knowledge that you participated in a theft lol?

Personally I'd tell him to do one since he thinks he can pull a fast one over me, I'm no fool.

[Justin]

He signed and returned the letter. I don't need or particularly want his business. These are samples, i don't think he'll be back tbh.

Sleep? I don't have time to sleep!

[socialgiraffe]

You asked "does he have permission"

He has answered "yes"

That is good enough, end of

You have subsequently asked him to sign a letter which he has and returned it, that is more than adequate for any court of law. Like I keep saying, there is no where that states, or expects, you to "police" copyright infringement and you can not be prosecuted for it as long as you have made it clear to the customer that they assume all liability concerning copyright.

Just because an image is low res does not necessarily mean they do not have permission. I regularly get internationally recognised logos that I end up redrawing because the resolution is not good enough.

[socialgiraffe]

Can you sleep in the knowledge that you participated in a theft lol?

I agree with that point though. My answers are always based on fact/law, however Gooner is right to question the ethics of taking on the work.

[Justin]

...Sorry, I was just taking a nap

Yes Simon, I remember you mentioning this and I agree. I do completely understand the ethics and if alarm bells do ring I'll walk away.

On the other hand, someone from a company comes through your door and ask for their logo to be put on mugs etc, do you always get proof they are allowed to use the logo?

Thanks guys.

[socialgiraffe]

On the other hand, someone from a company comes through your door and ask for their logo to be put on mugs etc, do you always get proof they are allowed to use the logo?

Me personally, no. But then I am very much on the side of "customer assumes copyright liability" and that you are simply offering a printing service.

Others disagree with that angle

[GoonerGary]

Have a read at this, especially 5.3:

https://metroimaging.co.uk/terms-and-conditions/

Your client will pay any legal costs arisen from copyright infringement.

[Earl Smith]

Sorry to wake you........Do you have something like https://metroimaging.co.uk/terms-and-conditions/ in your T&C´s on your website?
Always good to cover yourself every which way , just in case.

[Paul]

I did the job for cadbury and first thing I asked was the consent of logo use. they complement me for actually asking about it and provided pdf document that stated marketing company name giving me consent of using the logo. Logo was included in pdf and description of job i was doing.
SO if your customer is serious about the job they are doing they will do the same. don't give them papers to sign. ask them to send you the letter with signature.
ANd yes, if they do have a rights they should have artwork in decent quality.