Copyright question
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104 Posts
Copyright exists period. It doesn't matter if you or your customer downloaded it from Google, you shouldn't use it or you could get into trouble. I guess you could get the customer to sign a waver if they say it's their original art but no one is going to believe you didn't recognise Mickey Mouse or a popular superhero for example. If there is any doubt I would play safe and decline to print that design.
The answer on copyright is always NO.
We run into this issue almost daily.
All employees are told "If you even have a slight feeling it is a copyrighted image, etc. Then the answer is NO we will not print it. Unless the customer provides proof that they own it or have permission to use it."
Copyright is there to protect YOU just as much as it is to protect the other artists out there. So if you ignore it, dont be surprised when you see your designs being duplicated without your permission.
We run into this issue almost daily.
All employees are told "If you even have a slight feeling it is a copyrighted image, etc. Then the answer is NO we will not print it. Unless the customer provides proof that they own it or have permission to use it."
Copyright is there to protect YOU just as much as it is to protect the other artists out there. So if you ignore it, dont be surprised when you see your designs being duplicated without your permission.
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2,441 Posts
You will still be making money from someone elses copywrite, even if the item isn't for resale. In general you should avoid using the image without some clarification.
Are you talking about copyright or trademark? They have differing rights.
In the US you have a concept of 'Nominative fair use' ( 'honest referential use' in the UK) that applies to trademarks. This broadly means that you can use a third party tm if it fairly describes the goods or services you sell ( eg a mechanic who specialises in BMW cars or a garment printer who uses Gildan products can advertise the fact).
If your customer is claiming 'Nominative fair use' of a third party tm then you should check to see if that extends to you as the printer.
It is worth noting that 'Nominative fair use' applies to tm not copyright - a logo could be covered by both. You would then face the situation where you could use the word mark ( name) but not the logo.
Are you talking about copyright or trademark? They have differing rights.
In the US you have a concept of 'Nominative fair use' ( 'honest referential use' in the UK) that applies to trademarks. This broadly means that you can use a third party tm if it fairly describes the goods or services you sell ( eg a mechanic who specialises in BMW cars or a garment printer who uses Gildan products can advertise the fact).
If your customer is claiming 'Nominative fair use' of a third party tm then you should check to see if that extends to you as the printer.
It is worth noting that 'Nominative fair use' applies to tm not copyright - a logo could be covered by both. You would then face the situation where you could use the word mark ( name) but not the logo.
Any time you are receiving art from the client, your contract needs to state and they need to sign off saying that they own or have permission to use the provided art work, there is no way to know or research every piece of art work that comes in. But also like stated above, some art work is a no brainer, mickey, spiderman wonder woman etc. the people who do pay for rights to print these characters will have a disclosure letter saying so, this goes for sport teams as well.
I would turn the work down a law suit is not worth the few bucks you would make.
I would turn the work down a law suit is not worth the few bucks you would make.
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293 Posts
If a client provides artwork to us, we do a quick Google Image search with multiple keywords or the image to see if that image pops up. If it, or a close image, comes up, we politely explain copyright law and draw up some artwork that won't violate it. Our biggest infringers are schools. They like to pull stuff off Pinterest and try to pass it off as "well, it's on Pinterest so it's OK." If it's up, it's violating it. Don't use it. Period.
Thank you everyone who answered. This particular piece is of the Rugrats twins and a friend of mine asked me to print it on about 20 shirts for her family celebration of they'reTwins birthday. I told her I didn't think I could because of copyright issues.
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