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31

I've never run into this exact problem but if a client sends me a logo from another company I email them back asking if they have written permission to use said logo in their marketing. If they say yes then that is sufficient for me. To word it nicely I go with something along the lines of: I see you'd like Acme Co.'s logo included in your artwork, do ...


25

In my contracts I have clauses to the effect of "Client promises that all artwork provided for Designer is owned by Client, or Client has permission from the owner to use it. If Client is sued for copyright violation, Client will state that it was not Designer's fault." Whether it's effective, well, I'm not a lawyer, but this at least specifies that you're ...


18

It's absolutely necessary to attribute any third party graphics that your site utilizes as specified by the license agreement. Just because there might be other sites out there not properly attributing artwork doesn't make it okay at all. If the icon is so "basic" or "minor" that you think it's silly to give attribution, then consider just creating the ...


16

It's got to do with the legal distinction between a font and a typeface. Fonts being the digital implementation of an original typeface design. The Akzidenz-Grotesk typeface may be over a hundred years old and out of copyright, but the font that happens to share its name and is obviously based on it, is a new and distinct legal object, subject to its own ...


11

No, those are all way too close. You're suffering from Red Shorts Syndrome. What does that mean? Well, let's say you watch a race, and the guy who won the race wore red shorts. If you want to win a race, do you go out and buy red shorts and assume that wearing them will make you win? No, you look at what the winner did to train himself so that he could win. ...


11

Most of the time images with proper documentation can avoid legal issues there are so many sites having such images, they will provide you the whole uses document on request : Corbis Images Istock Photos Shutter stock Big stock photos getty Images Find free stock Images 16 websites with Free Stock Images for commercial use Hope this will help.


11

You say "no, sorry, I can not violate [insert your country here] Copyright Law. I'd be glad to help you license artwork legally." You should also have a clause in your contracts along the lines of "all artwork provided by the client shall be artwork the client has full rights to reproduce. Designer will not be responsible for any artwork that was provided ...


10

That symbol is an Adobe trademark. The guidelines for use of their trademarks are pretty specific, as with any company. You would definitely be in violation if you used their logo in your product without permission.


10

I think you've copied too much, and so no, it's not ethical. Using one or two elements of someone else's idea is one thing, but when your site is essentially Same Song, Different Verse of the other guy's, then no. To fix this, change things up. Use a different font of similar style — if it's Helvetica, use Franklin Gothic or Stone Sans; if it's Times, ...


10

What you need to do is contact a lawyer experienced in copyright law. More than likely the first step they will take is send a cease and desist letter to the company. Only after that happens will they suggest further action, if and only if the company does not make the necessary changes. The host provider probably won't want any involvement either until it ...


10

If it is truly in the public domain (or has a public domain notice) you can use it for whatever you want. So yes, it's legal. It may not be all that smart, though, given that anyone else can also use it as their logo. You may lose a good chunk of 'uniqueness' in that regard depending on the particular market you are in. Using a public domain icon of a ...


9

According to the U.S. copyright act: A “derivative work” is a work based upon one or more pre-existing works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted. A work ...


9

All images - everything you see - is copyrighted. Google images is not a viable search method for images to reuse. If you want to reuse images, especially those of known origin, such as Garfield, you must contact the creator and ask permission. Often permission comes with a fee.


9

I wouldn't necessarily be insulted. Your client is simply coming to the table with some terms. You can accept them, deny them, or counter. I'd recommend countering with a formal contract. Typically designers do not deliver the work files for a number of reasons (the least of which is that the client usually has no use for them). But it's not unusual either. ...


9

I would always search the site for any attribution requirements or guidelines. In the absence of that, the The Noun Project has some clear and concise instructions for different forms of media that can be reliably used as a guideline: How to Attribute This Icon Digital Attribution Websites - Include the attribution either on the page where ...


8

I asked the site owner for permission to use his backgrounds, and he granted to me upon the condition that I show him the finished product. I'm rather ashamed to do so. The sites will look uncomfortably similar. It sounds like you answered your own question. If there was no ethical problem with what you did, why would you feel shame? Why would you ...


8

Any contract should clearly state what the client is purchasing rights to, what those rights are, and what the designer is retaining. I never sell rights to sketches, preliminaries, notes, etc. They are always retained and the client is purchasing the final image/design/product only. I will sell the rights to the final product if it's negotiated - this ...


8

It's almost redundant to point out that violating someone's copyright is not only unethical, it is illegal. And, yes, it is certainly possible that someone might "contact" you on the subject, depending on the circumstances. If you have no license to use a particular font, but you gained financially by using it, you don't have a defense. "Possible" is not the ...


8

If the client has done it right - they are an owner of the work. The author still has the rights of authorship (don't know how to translate it correctly). In any case, if you even rework and fix stolen work - there should be no issues for you - you DON'T use the original work.


7

Yes, a vectorized image generally counts as a derivative of the original, which means that distributing it without the original copyright holder's permission would be a copyright violation. Of course, if you just want to make a nice poster to hand on your own wall, then you're probably safe — doing so might or might not be legal, depending on your ...


7

I haven't read about anyone being sued for vectorizing, but I have read about someone being sued for pixelating. After seven months of legal wrangling, we reached a settlement. Last September, I paid Maisel a sum of $32,500 and I'm unable to use the artwork again. Pixelating is removing detail whereas vectorizing would be adding detail (if you ...


7

Simple answer to your question: NO As a creative type, I'd never answer with, "it's OK - go for it." But as a creative type, it's getting more and more difficult to be original...truly original. HOWEVER, grabbing a design that you like, just to swap colors, fonts, and logos is about as close to plagiarism as you can get - IMHO. The funny thing is, I agree ...


7

Where a logo is concerned, or similar identity material, the client would have to be very naive, or very foolish, and the designer unethical, not to ensure that all rights in the finished design are transferred to the client upon acceptance of the finished work. As the designer, you never lose the right to display in your portfolio (including your website) a ...


7

You can file a DMCA notice and address it to the webhosting company hosting their website, and to search engines who will delist the copyright infringing content. If you don't want to do the legwork, you can use a DMCA service. I found this one on Google: DMCA service ($99) and I am sure you can find many others. Or you can write the DMCA yourself. In all ...


7

It would appear this is prohibited. Stack Overflow: Can I legally show Microsoft Office and Project icons in my desktop application? Microsoft: Intellectual Property permissions Microsoft product icons are the thumbnail-sized images indicating that a Microsoft product has been installed on your operating system. Icons may not be used in advertising, in ...


7

The answer to this may be different to what you expect since in many countries (including the US, but not all countries!) a font is protected like a piece of software, and the design of the letters in the font are not protected at all. A copy is therefore defined by taking all or part of the original font file and actually copying it, possibly translating ...


7

You can definitely use it to create static images and such for your site. With Helvetica on your computer, you can create as many images for as many sites as you want. See this page for further reading. The general idea with fonts is that they're treated like software. So, if you have a computer program on your computer, you can use it to do whatever on ...


7

That question is hard to answer in general. I think it depends on your location and what you want do with it. I have found this link, which is about lyrics quoted in books, but I think you can transfer it to your question: Quoting Lyrics and Dodging Copyright Issues by Grant Piercy As suggestet, here are some quotes from the article: Let me make this ...


7

I thought I would wade into this.... yes, you are potentially giving your business away. There are two separate issues in your question - one is client access to build files, and the other is to IP. The only reason a client would ask for build files is so they can do any future work themselves or nominate a cheaper third party to do this on their behalf - ...


7

Every font should come with a EULA (End User License Agreement) that will outline what you can and can not do with the font. In most every case, you having purchased a license for a font grants you the right to use the font for typesetting any work you are creating. In some cases, there may be some exceptions. Some common exceptions: some fonts don't ...



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