58

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 you ...


37

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 ...


23

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 ...


13

One could solve the conflict by changing the perspective: See the task "use this image" as implying "take care of the license" The client proposes to use an image, and it looks like he has not acquired the permission to use it. Ok, no problem, using an image involves handling the license, he did not yet do that, to it's part of your task: confirm with ...


13

As Lauren Ipsum pointed out, an indemnity clause is a must have in every contract. You will rarely source all content so you're always taking a gamble. That said, the clause will offer little protection if you knowingly violate intellectual property. If you show negligence and try to point at your contract in court you're going to get nailed. Maybe not ...


12

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 ...


11

Reminds me of one situation I had. I was working for the Dean's office, and the head of a new program wanted political images of U.S. presidents. The head of the department had earlier requested that the office pay for royalty-free images, and the request was denied. I had earlier run through over a dozen public domain image galleries and pulled the best I ...


10

My advice would be to let it be. The only thing the "copy" has in common with your work is the idea of a noose with a drop of water. The style is different and the context probably also. It's not hard to imagine that someone could come up with this concept without knowing about your artwork. Actually it seems that someone already created a poster with a ...


10

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 ...


6

As a general rule, if you want to be 100% sure that your work will not be stolen don't put it on the Internet. As John and DA01 pointed out watermarks, stamps and so on can be cropped out, replaced or somehow excluded from the image file. If anybody really just wants to use your image without your agreement he will and it is likely that you will never find ...


5

The basics of copyright are fairly simple: If you create something, you own the right to decide who may copy it. By the very act of you creating work, means you own the copyright. Watermarking/Embedding/etc are all technology solutions to a legal concept. So they don't really have anything to do with copyright. They simply make it a bit more annoying for ...


5

First identify the copyright holder of the media in question. This can be easy for published material with its original credits on the packaging, or it can take some detective work through Google's image searches to smoke that party out. Wikipedia can be helpful in ascertaining the copyright status of images it displays, and many have fallen into the public ...


5

Yes you can cryptographically sign your work or any digital file as a matter of fact. The signing only computes a hash of the file or set of files and provides a mechanism for the user to verify that the hash is same. If the hash changes then the file has been tampered with and no longer satisfies signature. The system essentially ignores file type (a file ...


4

I can definitely say that the first thing to do is to look at it in its context. See what the similarities are between all products of a similar or identical nature. Once you know what the common, acceptable similarities are, you can identify what's unacceptably similar and could be infringing on your rights. For my example, I'm going to imagine I ...


4

In general, professional graphic designers try not to step on Intellectual Property Rights' toes, as a big part of our industry depends on them.* What constitutes infringement, though? That is always a legal question, and not one with necessarily hard-and-fast rules. It will typically come down to the opinions of a legal team vs. the opinions of an opposing ...


4

In the United States, you can file a copyright with the Library of Congress (LOC) prior to production: See https://copyright.gov/ This does not prevent anyone copying the idea, but it does protect how you've implemented that idea (the artwork). It may still be lifted, but if your copyright is on file first at the Library of Congress, you have great footing ...


3

Disclaimer: This question is verging on a legal question, and since I am not a lawyer, this answer doesn't constitute legal advice. If you want legal advice hire a lawyer. You can't really do anything to prevent someone from stealing something you have designed, especially if it's something you are publishing publicly or something you are selling to the ...


3

You can install GPG and run gpg -s your_document. You don't need to use a CA but your key can be uploaded to a key server and it will be certain that the key belongs to you if you have it signed in what is called a web of trust.


3

People I worked with once wanted to use a copyrighted image. I demonstrated leadership by informing them that we were absolutely not going to use it, and then I found a suitable, if less artsy, public-domain replacement. Later, I created a desktop icon for us to use so that we wouldn't have to choose between a poor free one or a slightly better copyrighted ...


2

"Property is Theft" Pierre-Joseph Proudhon from What is Property? Or, an Inquiry into the Principle of Right and of Government. 1840 "Good Artists Copy; Great Artists Steal." - Steve Jobs The same thing, clarified: "One of the surest of tests is the way in which a poet borrows. Immature poets imitate; mature poets steal; bad poets deface what they take,...


2

There are several huge reasons why this happens; 1 is because the client wants it like that. The way a client will look at this is "Well Coco Pops looks like this, and it sells, so a design like this will sell for us" 2nd is that particular design, tells a consumer a lot about the product on first glance, and sometimes that's all the time you have to sell ...


2

It's not the printer that will make the difference; but, the printing process. The finest detail printing process is gravure. The most difficult image to reproduce is a hologram. The most difficult pattern to reproduce is the Euro currency "Eurion" pattern since scanners have been programmed to ignore the pattern. The most difficult colours to reproduce ...


2

If you can buy a normal printer that can print this, anyone can. A "security" measure should be at least expensive to make in a short run. This is if you are a company you could let's say, spend 1000 dollars to print 2000 copies of your "security" paper. It will cost you 50 cents each. For a random person to try to forge it for one or 10 copies, it will ...


2

If you want to have a bullet proof alibi for creation date then submit the file to yourself in registered mail, and keep the letter sealed. This can then be used in court of law. However this does not protect you from any plagiarism claim. And off course you need to be willing to see their bluff.


2

Depending on what you make and where you put it you should use watermarks over the whole image. That would be the safest way to keep people from editing your picture. If you take photos watermark in one way ruins photo so photographers use signatures on them - don't put them in corner or edge because sometimes people will go so far to cut out that part; but ...


1

My lawyer told me that, in simple terms, a design infringes another if an uninformed person could mistake one for the other. At the very least, one could be described as an alternate or alternative design to the other. To me, the dead give-away is the conceptually identical filling-of-the-gap created in the empty loop created in the line shape. That's not ...


1

Before sending your pdf to the client, go to: File > Document Properties > Security > Security Method: Password Security. Once you turn on Password Security, you have the option to restrict editing (none) and printing (none or low resolution). You can even disable copying of text, images and other content.


1

You can not. Its technically impossible and requires future tech that is not even available for the NSA (if it was then no edward snowden). You can however degrade the soft proof so that it is nonsuitable for use in print (export as low res bitmap). This does not stop some entities apparently. So the real answer is you stop this practice by writing a ...


1

Go to filter, scroll to Digimarc, choose embed Watermark. Below is probably the information you already read, but just in case here it is again: You can add copyright information to Photoshop images and notify users that an image is copyright-protected via a digital watermark that uses Digimarc ImageBridge technology. The watermark—a digital code added ...


Only top voted, non community-wiki answers of a minimum length are eligible