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 ...


47

As others have said, images found on Google image search are not free to use unless they are licensed as such. Google does however have advanced search features that will show you images that are licensed for reuse, commercially or non-commercially. When you are doing an image search, click on "Search tools" then "Usage rights" and you will get a dropdown ...


40

Unless the image in question is accompanied by a specific statement telling you that it is royalty free and / or public domain then it is subject to copyright. There doesn't have to be a copyright symbol or registered copyright message present for copyright to apply. Trying to trace any given image back to its source, identifying the copyright holder and ...


38

No, not at all. It doesn't have nearly enough similarities to count as plagiarism. Yes, they both feature a tree. As do many, many logos. The style is different, the use of colors, the whole setup is different. However, if the other company is widely known in your field and you are afraid your clients might confuse you with each other, you could consider ...


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 ...


29

Creating a "brush" or tracing an image to create a vector version of the same image would be considered derivative work. This is a form of infringement. You are using the original copyrighted material to create additional material which could not have been created without the copyrighted work. For an example of how this can get you into trouble, one merely ...


26

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 ...


26

Don't. Unless specified in the original contracts of that 6-year body of work, you are not obliged to keep the original working files of past projects. That you do so is only for personal archiving. Shenanigans like this are the exact reason for that, and I advise you to include a statement to that effect in your terms and conditions from now on. Try and ...


25

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 ...


25

If you have copied something from a design on Shutterstock and it is in distinctive enough to be recognised then you are in danger of being pursued for copyright infringement. However, Shutterstock images are sold as royalty free for commercial use, so all you need to do is purchase the image that the copied / used as inspiration on behalf of your customer ...


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 ...


22

The warning symbol is part of the ISO 7010 standard as such its normative in many countries. This standard relies on ISO 3864-1, and ISO 3864-3 for further information about colors and sizes of borders etc. This probably means at minimum that you lose the unique ability to trademark that symbol. Also while you may in some locales have a copyright on the ...


17

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. ...


17

How to tell if the logos really are that similar Chances are if you're looking at this post, they are. But here are some tests you can try: Making them both grey-scale. Viewing them from far away (or very small versions). Are they even more similar with any of these variations, possibly including combining them? If so, the logos are probably too similar. ...


16

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. ...


16

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 ...


16

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 ...


15

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 ...


15

Try using Google's search by image to find the original. If you are unable to find it or the copyright about using it, you should not use it in your app to be safe.


15

I'd use the tool https://www.tineye.com/ to do a reverse image search. This might point you to a stock photography site or other site that probably would have more details surrounding the license.


14

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 ...


14

Perhaps you failed to notice "Copyright: PureSolution" on the Shutterstock page. In 99% of all cases you can not trademark or copyright royalty free artwork. What you "purchased" was the right to use the artwork in a limited fashion not ownership of the image. You should read the agreement for any stock image service you are using. Reading the Shutterstock ...


14

I'm assuming you're in the US, and I am not a lawyer. Short answer is that unless you have a contract specifically stipulating that the client gets the copyright when the work is complete, they don't own it, you do. So I think she can't stop you. See also: https://blog.freelancersunion.org/2014/06/06/what-if-client-forbids-you-including-something-your-...


14

As a designer working on both sides of the fence I will only tell what we did when I was hired as in-company designer. I revised all contracts with our outsource agencies. I omit the ones where we stated that workfiles are my company property. In those cases we just requested the files. But with all others we send a quote to buy them. We weren't interested ...


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 ...


13

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 ...


12

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.


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 ...


12

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 - ...


12

There is one thing that a user of the work cannot do, and that is to claim copyright on the original work. One of two things happens (legally) with CC0: either the work is released into the public domain (if local copyright law permits that); or the author of the work retains full copyright, but the work is licensed for any and all uses. Effectively (though ...


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