Image Copyright - Does liability affect employers or staff

'Is it legal', 'can I do this' type questions and discussions.
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Matt_1701
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Image Copyright - Does liability affect employers or staff

Post by Matt_1701 » Thu Sep 24, 2009 2:08 pm

Hey all,

Here's an issue I'm struggling with at the moment, that hopefully someone can help me with.

I work as a Graphic Designer for a company that manufactures household items (not wishing to name names here etc), and my current task is to take a photograph (of a corporate display stand from one of our suppliers) and then vectorize the image in Illustrator - removing all branding of the original company in the process.

Now, I suspect this infringes copyright in some form (though I'm not 100% sure), as we're intending to advertise our products using my 'drawing' of their original display stand, and if I am breaking copyright, I want to know who is liable.

Am I protected as I'm working under instruction from my boss, or am I potentially in trouble as I'm their designer?

Please help,

Thank you,

Matt.

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CopyrightAid
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Post by CopyrightAid » Sun Sep 27, 2009 10:22 am

I suspect that technically this would classed as a derivative work (i.e. an adaptation of the original) and therefore would require permission from te orginal creator/owner.

Your better option is start from scratch as just be inspired by their work - don't adapt theirs and hope not to get caught out.

As far who would be liable - well if you are working within your role as an employee, then I would expect that any legal action would probably be leveled at your employer.
Whether your employer suddenly has amnesia about the whole thing and decided to sack you is another matter ;)

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