Hot answers tagged

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 ...


25

I personally would let it slide since they are a regular client. It sounds as if it was a communication issue, so you may want to let them know somehow, "Hey we removed this item from the invoice due to a misunderstanding, but please note that our design fee is XXX for furture reference." That way they are aware, and you look like the "good guy" to a ...


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

I made a promise to myself to never use my powers for evil. I've created many pieces which sell, what I would see as, ethically borderline in terms of the product itself. Meaning... snake oil. A product I know is being sold and marketed as the "be-all, end-all" which could not possibly be true. My thoughts on these types of project has been, well, if ...


20

It's her responsibility. That's why you provide proofs that she can freely take as long as she wants to review. A good trick is to make them write by email that they approve the proof. You ask it this way before sending the final print-ready file: "So, is this approved or do you need any more revisions?" She'll respond a Yes, or No. You got your approval ...


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. ...


14

The designer would have to really screw up on their end, not just in design, but in the handling of the project to ever pay for a reprint. Or they'd have to really want to salvage the client and be generous. Typically, a designer will send a final proof to the client. If the client approves it then the designer no longer has any obligation to fund fixes. ...


14

Sometimes yes. It so happens that companies sometimes hedge their bets by selling products both in bulk to chains and as premium under their own brand. According to Tim Harford (The undercover economist page 51 second paragraph in particular) the reason for cheap look is to get most out of the customers money. By selling same product at a premium to not so ...


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

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 - ...


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 ...


11

You should contact the original agency and talk about this with them. Just ask whether the original contract allows for this situation. Emphasise subtly that as you read it, you interpret things as if it does, and they might easily go along. You might even luck out and have them do the work pro bono again. Don't count on it, but you never know. Even if you ...


10

If the client was provided a proof, he/she signed off on that proof, and the error was missed by the client, it is the client's responsibility. However, you should have written approval before anything went to production. If you have that. You need not do anything or feel any obligation to address the matter financially. This is the cold, hard truth. It's ...


9

This depends on your contract with said client. It also somewhat depends on the situation and size of error. But in general: NO, if you provided a proof and gave a review and client says send to print then the client has signed the document off. They have approved, and that person takes responsibility. There is a extremely high chance of error in any ...


9

Yes. As designers we are responsible for the impact our work has on individuals, society, and even the world. If you've never seen it, I recommend watching this talk from Mike Monteiro. It's called, "How Designers Destroyed the World." It's quite powerful, and he makes some very important points (caution: NSFW language used). It's a little preachy, but I ...


8

I've worked in the PrePress department of several print shops. More often than not, hi-res pdfs with printer's marks were all we needed, but there were times that we asked for the native files so that if there were any last minute changes needed, we could make them without having to go back to the designer. These changes were typically simple ones, i.e. if ...


8

It depends..... Disregarding the implications of derivative work, that's a legal matter and different. Template systems are meant to be altered in many instances. There are a ton of positions out there which are looking specifically for those who can alter template systems to client demands. Bootstrap is a template system. Wordpress is a template system....


6

If you don't want something stolen, don't put it online. It's that simple. If you feel you must put it online.... come to terms with the fact it will be stolen. You can't prevent it. If I do put something online, I purposely hide secret codes and items in the artwork - things only I know are there - items which I can point out to clearly indicate how I ...


6

This is probably a personal matter. And you're best off agreeing to it, in no uncertain terms, because this will make it clear that you're not afraid of competition, at all. You can't know the nature of the personal matter. It could be anything from a family member (of the client) trying their hand at starting up a print shop to some vague rumour about ...


5

If you are a freelance designer, it's entirely up to you. You can tell them outright that you choose to not promote the ideology, or you can simply say that your current workload doesn't allow for you to accept the project. I'm an employee who does freelance work on the side. Any job that comes across my day job desk, I simply do the work to the best of my ...


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

If the font is being redistributed illegally, you're still liable for using it without a valid licence. The probability of getting caught depends on how you use it, but it is still illegal.


4

I wouldn't do it, just because a company's doors may be shut down still doesn't mean someone isn't planning on in the future to re-open. It's a tough economy and myself couldn't justify having a store front with the way everything is going and yes there may be an ethical issue. I say this from experience, just because the doors aren't physically open doesn'...


4

I'll offer some counter-arguments. How would I feel if someone denied me service because of my background or heritage? Not good. So why would I ever deny someone else service? That doesn't bridge any gaps, it widens it. It makes me prejudice against them. I can't do that. And at the end of the day wouldn't it be nice to have your pockets lined with the ...


4

From a personal ethics point of view, something that works for me (after careful evaluation) is this simple principle: Would I use the product myself? If yes, I shouldn't have a problem working with it - at least not a huge one. If not, I would rather not. Some vague examples: I believe the oil industry is evil, but I understand cars are important for ...


4

I think that certain points have to be taken into consideration, here. What is 'good design'? I believe that it is a contextual issue. Good design is the ability of the designer to draw people in to look at their work. This is irrespective of the amount of money that the product costs. Your target, after all, is not to make the product look like something ...


4

Short answer yes. This is really about branding and continuity. If the style of the brand is lower level, discount, goofy sort of things, Gorgeous marketing won't be as effective. If the pieces don't speak to either the customer or the brand it will end up confusing and/or disappointing customers. When you see an ad for Tiffany Jewelry it is not the same ...


4

Old question I know.... There's a saying among those in direct mail and sales design... "Ugly Sales" It is often the case that a design which is less "high-brow" has a better return on investment (ROI). It's really not about the product. It's all about the audience. If the target audience is more middle-class or just a broad, general demographic not ...


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