Uneasy....

[Donnie]

Had a meeting with a client the other day. I've got this great art and I want you to print it for an event. OK, let's see it. Yep, sure enough it was printed out from another event tee shirt.

Ah, I'm pretty sure that art belongs to someone else.

Oh, that's OK. My lawyer told me we could change it.... wait for it.... 10% and we would be OK.  We're going to take out this thing and replace it with something else.

MMM... I'm not sure about that.

Well, I should know, I talked to my attorney.

Not sure I want to climb aboard with that unless you provide me with a written document that shows your ownership of the art releasing me from liability.

Now he is pissed because I am questioning his integrity. He's sued this person and that person and won every time....I'm getting a bad vibe about his whole attitude.

[tpitman]

I'd suddenly become sooooooo busy, just friggin' SWAMPED with work that I'd be unable to even THINK about fulfilling his order on time . . .
Then, strongly suggest the shop up the street that does FANTASTIC work . . .

[Frog]

I'd say simply, somehting like , "Well, legalities aside, I don't feel comfortable ripping off another artist for the other 90%."
Or "What does the other printer/artist's lawyer say?"

btw, I like being in a position of not taking a job due to attitiude, or vibes.

[3Deep]

Had this happen to us a few years back, guy tells me he has a logo he wants us to print for his company them proceeds to go to a website that has the logo which once I saw it I knew it was custom, he tells me no it's clipart and he can use it too.  I've seen butt loads of clipart and this looked very custom so I tell him you find me the clipart and I'll do it for you, never heard from him again.  Donnie backing off this job if you feel uneasy is the best thing.

[Donnie]

I did a lot of work for the company when I dealt with the son. He has moved on for what ever reason and Dad is in charge. I simply don't like the old man and his ways. I don't like the feeling of not being able to please someone especially when he uses law suits in every third sentence.

[Screened Gear]

The rule is 30% but that really means nothing. I have seen photos that I would say were almost not recognizable of the original. They lost in court. Just tell the guy for the low price of a graphic designer you can have original art for him and he will never have to worry about going to court over it. If he still acts up. Tell him to move on.

[Donnie]

The rule is 30% but that really means nothing. I have seen photos that I would say were almost not recognizable of the original. They lost in court. Just tell the guy for the low price of a graphic designer you can have original art for him and he will never have to worry about going to court over it. If he still acts up. Tell him to move on.

That's just it... I offered to do that for him. I'm thinking I may just punt.

[Inkworks]

Tell him to get his lawyer to write you a letter on company letterhead saying the art is the clients and okay to print, then when he comes back without getting that letter, steer him to some custom art.

[Sbrem]

Yes, I would need the attorney to prove his point, then I'd check that out, and then still punt. As a printer, as I understand it, you can't play dumb. You're in the trade, and are supposed to know better. I had a similar issue last summer, the guy lost his mind when I told him he was using someone's copyrighted art. I contacted the artist and he was willing to license it for $100 for the rest of our lives, but the customer thought I was trying to nickel and dime him. "I saw it online, and there was © or ®, so it's OK to use!" What an idiot...

Steve

[DannyGruninger]

10%, 20%, 30%, 50% I dont think it really matters..... If they can prove that someone took their exact design and knocked it off then that is grounds for a lawsuit. I have actually been involved in this 2 different times in the last 18 months and really my advise is to try and not copy anything at all..... If someone wants to recreate something then we talk them into starting from scratch.

For this particular situation I would make your client sign some paperwork releasing you from the design, that your contracted to only handle the print side of it and all legal consequences will fall on them. But if he is talking lawyer this, lawyer that to me that is usually a sign to run as fast as you can.

[Mr Tees!!]

10%, 20%, 30%, 50% I dont think it really matters..... If they can prove that someone took their exact design and knocked it off then that is grounds for a lawsuit. I have actually been involved in this 2 different times in the last 18 months and really my advise is to try and not copy anything at all..... If someone wants to recreate something then we talk them into starting from scratch.

For this particular situation I would make your client sign some paperwork releasing you from the design, that your contracted to only handle the print side of it and all legal consequences will fall on them. But if he is talking lawyer this, lawyer that to me that is usually a sign to run as fast as you can.

Our artwork approval form has the following clause, which must be confirmed. It may or may not be watertight, but its a helluva start, I think.

-Upon requesting any and all third party images (company or corporate logos, trademarks, or any other copyrighted images) to be reproduced on your goods, you verify and acknowledge that you have been granted permission to use these images by the copyright holders of the images. Mr. Tees is not responsible for unauthorized reproduction, as you are wholly responsible for the necessary permissions of use.   

***We use this mostly in situations where we are printing a sponsor logo for an event tee, or what-have-you. We still use judgement when things smell fishy, and could be a potential problem....like the kid wanting me to print Nike logos last week..... 

[Itsa Little CrOoked]

Our artwork approval form has the following clause, which must be confirmed. It may or may not be watertight, but its a helluva start, I think.

-Upon requesting any and all third party images (company or corporate logos, trademarks, or any other copyrighted images) to be reproduced on your goods, you verify and acknowledge that you have been granted permission to use these images by the copyright holders of the images. Mr. Tees is not responsible for unauthorized reproduction, as you are wholly responsible for the necessary permissions of use.   

***We use this mostly in situations where we are printing a sponsor logo for an event tee, or what-have-you. We still use judgement when things smell fishy, and could be a potential problem....like the kid wanting me to print Nike logos last week..... 

Very good legal clause! I intend to photocopy it verbatim, then just cross through Mr. Tees one time and pencil above it the name of my business!!!! I'll Scotch tape it to my contracts. 30% smaller text, of course.

[screenxpress]

30% smaller text, of course.

Yea, don't want to be sued for copying materials from someone on the board, lol.

[Mr Tees!!]

That's it, I'm suing you for copyright infringement of my copyright infringement clause. You will hear from my lawyer (once he stops laughing and takes a few Tylenol).   

Crooked, (can I call you Crook for short?  )....I will pm you my whole form. Feel free to use what you need, glad I could help!

[nobrainsd]

A liability waiver can be a good thing. It at least raises the issue of infringement with the customer and might help you recover any losses if there is an issue (assuming there are assets to be had). But a liability waiver does not have any legal standing between you and another party (such as a trademark or copyright holder). It doesn't prevent you from being included in any legal action and definitely doesn't help in any way provide legal cover for obvious infringement. Remember, as a printer in the trade you would be held to a higher standard than a layman. It has been my experience that most customers that I felt needed to sign a Liability Waiver didn't actually have the assets to cover any losses, so I didn't find them useful.