rhinestoneshirts

I have just started doing custom designs. I have mainly been doing logos for businesses or just names for individuals. I have been getting more orders and am wondering about protecting myself from making something that may be trademarked or copyrighted. I will refuse any order that I know may be infringing, but it is impossible for me to know everything that may be a violation. Is there some kind of release that will protect me from liability in the event it is intellectual property? Like I said I would never intentionally make anything infringing. I tried calling an attorney and he said he would have to see the art. I tried explaining that I am looking for some kind of general release because I could not afford to use an attorney for every design I am getting. How do others handle this?

 

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ladyjn13

Two recommendations:

1. Pay for the lawyer's time to create a Release from Liability statement for the clients to sign. In other words, they take full responsibility for the design and furthermore, they claim it is theirs.
2. Form an LLC to protect yourself personally from a lawsuit. This way if you own any assets, like a house, they are seperate from the business.

I don't know about other states but here in California, it is easy to do yourself. The only concern is the state tax bill one owes immediately after the filing is accepted, $800.

Ouch!

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jvanasdal

Quote: Originally Posted by ladyjn13 Two recommendations: Pay for the lawyer's time to create a Release from Liability statement for the clients to sign. In other words, they take full responsibility for the design and furthermore, they claim it is theirs. Form an LLC to protect yourself personally from a lawsuit. This way if you own any assets, like a house, they are seperate from the business. I don't know about other states but here in California, it is easy to do yourself. The only concern is the state tax bill one owes immediately after the filing is accepted, $800. Ouch!

Why is the tax so much??

 

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Omnios

Quote: Originally Posted by ladyjn13 Two recommendations: Pay for the lawyer's time to create a Release from Liability statement for the clients to sign. In other words, they take full responsibility for the design and furthermore, they claim it is theirs. Form an LLC to protect yourself personally from a lawsuit. This way if you own any assets, like a house, they are seperate from the business. I don't know about other states but here in California, it is easy to do yourself. The only concern is the state tax bill one owes immediately after the filing is accepted, $800. Ouch!

Nice advise also proof of ownership by the client might help and keep it on file if anything ever does happen then you have a statement that the client claimed legal ownership over the design. Facebook uses this for uploaded images where the client checks a box stating he has the legal right to distribute the photo or graphic its just a layer of protection. You screen printed a item for a client that claimed to have legal ownership over not distribute it and the fact is they claimed ownership of the design. Not saying go nuts on it but it is a form of protection. Intent

 

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hostingdiva

You need a waiver and release of liability form. Most of the ones you'll find online will be for accidents. You need one specifically for intellecutal property - graphics.

But, I'm wondering - aren't you designing this work yourself? Are these your ideas or are you getting art work from your clients? Can you clarify a bit about your process?

If you're creating something from scratch, as a client, I would be really skeptical about signing a release saying that I take on full responsibility for something you created.

For copyright infringement, you're only in trouble if you copied someones work. As long as you can prove independent creation, you'll be fine. Trademark infringement is determined a bit differently but it is highly unlikely that you would recreate someone's trademark and not know it... otherwise, it's not much of a trademark is it?

Something other's didn't mention - you should get insurance to cover you for any such lawsuits. Keep in mind that general business insurance will NOT cover IP lawsuits. In fact, IP is usually expressly excluded. So, make sure you read your policy.

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rhinestoneshirts

I would recreate the customer's designs in stones so it would essentially be the design they provide me with unless of course they want text but don't want a particular font. FOr the most part, I create based on customer's art. If I use clipart I know it is okay. I am concerned with images I get from customers.

 

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