Copyright Advice

'Is it legal', 'can I do this' type questions and discussions.
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robbiez
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Copyright Advice

Post by robbiez » Mon Jan 21, 2008 8:44 pm

Hi

I don't know enough about copyright laws and would be grateful of any help or advice.

Scenario:

I run a shop that offers a canvas printing service.

If a customer brings a photograph in that appears to be a professional photograph but has no copyright notice or reference to any photographer on it should I refuse to do the work because it may be copywritten??

I realise the photograph is copywritten by someone but if the photographer has not protected his work by making it clear who owns the copyright it would be very difficult for me to ask for permission.

If I ask the customer if they have asked for permission from the copyright owner they will of course say they have permission and sign a disclaimer.

Could I still be prosecuted for reproducing a photograph that doesn't have a copyright notice or photographers name on it??

Thanks In Advance

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CopyrightAid
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Post by CopyrightAid » Wed Jan 23, 2008 6:11 pm

Tricky... Not an area I have many dealings in I'm afraid.

I would say that if the photo is clearly a professional one, you should ask to see written permission from the photographer before you reproduce it.


If it is not clear cut, I think you are correct in asking the customer signs a disclaimer - this should state that the customer warrants that they have the right to reproduce the image, and they are liable for any resulting violation of copyright action taken by any third party.


There is always going to be some level of risk, but if you can demonstrate that you acted in good fair, I cannot see how any court would see it as reasonable to hold you liable.

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