What if my designer steals graphics from someone else?

16 years ago

Yes, you would be responsible if you used those graphics.

There isn't really a way that you can check that he has the rights to the graphics. There are billions upon billions of images on the Internet.

If you don't trust him - get another designer.

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TinkBD 16 years ago

I tell my designers that I will pay for the graphics.

I have them choose them and then I purchase them.

When appropriate, I have them do mockups with the watermarked images first, before I purchase.

I know that I own the graphics and all is well...
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ChrisWater

Banned 16 years ago

1) Get a new designer

2) Yes

3) I am not completely sure there is a way to check :/

Maybe some other members with more experience in design can help you out with number 3!

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MichaelAppleton

16 years ago

Yes if you are using the graphics you would be held responsible.

If your designer is using stock images he/she should get a receipt with the credits/images purchased. I always purchase the images myself and send to the designer, talk with your designer and ask which photos/images they would want to use and get it set in stone, stock images can get expensive.

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getsmartt

16 years ago

In short, yes you are liable. If your designer designs a site and uses graphics they obtained illegally you can be sued for using those graphics on your site.

Good question, I'm not sure you can be 100% sure, unless you supply the graphics.

If you use a professional designer with a good background you "should not" have this issue, but that is still no guarantee.

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Bill Farnham

16 years ago

Yup, you're responsible for that. One way you could help protect yourself is to stipulate that you want copies of the PSD files (or equiv) for all the graphics you pay for if you are paying for unique images.

You may get into a battle with your graphics designer if you are buying stock images they have created and ask for those files, though.

It's really up to your comfort level as what you can do, but if you are expecting world class graphics for $5, as an example...

~Bill

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Dan C. Rinnert 16 years ago

As others have said, ultimately you are liable if you use the images.

To minimize your risk:

1) Use a reputable designer.

2) Use a contract that states they will provide you with original artwork or that appropriate licenses have been secured for any third-party images used.

3) Do a reverse image search with TinEye. This is not fool-proof, but may help catch some copied designs.

4) Provide images and graphics yourself if need be.

5) Maintain a paper trail.

Also, be ware that, even if an image is 100% created originally, if it duplicates the look of something else, you can still land in trouble. I recall reading about a case where a photo was taken and published. Someone else liked the concept of the photo, and had their own photo taken that was similar to the original photo but, obviously, a new photograph. Still, they were sued and they lost. So you have to be careful.
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RentItNow

16 years ago

Have them provide the purchase data from the source or have them provide their copyright to the image.

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Audrey Harvey

16 years ago

I recently had an outsourcer create a gorgeous pdf from my document. I supplied a purchased cover stock photo graphic but when it came back, he had taken the liberty of adding graphics thorughout the body. It looked fantastic! I asked him where the images came from and what rights he had. "Oh, I got them from Google images, they're free". Wrong.

He removed them when I told him Google images aren't a free for all, and he/we didn't actually have the rights to use them. A lot of people aren't aware of such things as copyright and image rights and if the buck is going to stop with you, you need to know you're squeaky clean.

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Will P

16 years ago

Have you ever heard that saying?

Possession is nine tenths of the law!

On that note I recommend you get a new designer.

In terms of making sure he has the rights to use the graphics, there is nothing you can really do other than try a search for the image name (yourimage.gif) and see what comes up (in most cases they wont change the image name).

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Steve Powers

16 years ago

No doubt, you are liable for using such images. I think the best way to avoid this matter is to design the site by yourself or choose a reliable designer.

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webcosmo

16 years ago

best approach is sign up an agreement with them. if you work with somebody offshore its gonna very tough to even implement that one.

you may wanna provide them the graphics you want and have them use it; thats the best way to make sure they arent copying from somewhere.

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All Night Cafe 16 years ago

One poster said above, if you pay only $5.00,
watch out. But you are responible for what you
use.

Spend the money and get a designer who has
a loyal following. Get referrals.
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Sardent

16 years ago

There is a site/plugin for images/photos called TinEye which if you get the browser plugin you can rightclick and TinEye will search to see if there are any duplicates out on the web.

Not perfect, but one more safeguard.

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jasonmorgan

16 years ago

Makes you wonder, all of those pre-built niche website, are they really purchasing the extended license (which can be quite spendy) or even a license at all?

I came across a recent PLR and the cover was an image from a TV series. I'm pretty sure the author didn't get the rights to use that image.

With stock images, I think many people don't understand that you need a special and more expensive license if you intend to sell or redistribute the product using the image. Even with an extended license, it's still not fair game to use the image however you want.

Things that make you go hmmmm?

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mathmo

16 years ago

I too would suggest TinEye for reverse image searching https://addons.mozilla.org/en-US/firefox/addon/8922/

Add onto that signing up a contract, and you're as well covered as you can reasonably do I would think.

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scoopy

16 years ago

my question is how will some one find you an most won't take action i mean anything is possible online but chances are unless you are directly competing with them an there is a high chance of them seeing everyone has pics of everyone an vise-versa.

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Internet_Corporation

16 years ago

Originally Posted by secrets2010

What if my designer steals graphics from someone else?

Would I be responsible for that?

How do I make sure that he has the rights to use the graphics?

unfortunately YOU are responsible, as rediculous as it seems, your designer can create a website for you and take images from any where, tell you they are his and then months down the road you get sued.

I know this first hand, my brother in law got sued for nearly $3000 in just this type of scenario and the web designer could give a damn.

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alchemy

16 years ago

A reputable designer will generally use a particular stock photo site. It should be a paid site (free sites are more risky).

If you are getting PSDs, then they should use bigstockphoto.com which I believe is the only paid site that allows PSDs to be distributed without buying an extended license.

If there are no PSDs then other site like istockphoto.com or fotolia.com should be OK. But most designers always use bigstockphoto.com for everything to ensure they are PSD compliant.

So always ask your designer which photo site they use - and ask them to send you the IDs of the photos used in your graphics - then keep a record of those IDs, just in case you need them.

I personally use a designer who uses bigstockphoto - and always keep a record of the IDs of all photos used. If you want the link for that designer's site, send me a PM.

Alan

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sbucciarel

Banned 16 years ago

Either he creates them himself or he buys them and if he buys them, he has a record of the purchase and a license. Big companies make designers keep a spreadsheet of those purchases and the licenses for all images used. Ask for his license or proof of purchase. You are responsible for the images he is using.

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CDaeda 16 years ago

I use cooltext dot com to make my own graphics. Ask the web designer where he is getting the graphics. :rolleyes:
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- evollusion 16 years ago
  
  One way around this might be to have the designer provide you with a contract that states you are licensing these images from him/her indefinitely.
  
  I'm not an attorney, but this might provide a sufficient enough loophole to avoid a lawsuit.
  
  Questionable ethically? Perhaps. But you gotta look out for number 1.
  
  Thanks
  
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badboy_Nick

16 years ago

Originally Posted by secrets2010

What if my designer steals graphics from someone else?

Would I be responsible for that?

How do I make sure that he has the rights to use the graphics?

Let him sign an agreement that frees you of any liabel/damages.

I do that a lot and it works perfectly.

Nick

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secrets2010 16 years ago

Originally Posted by badboy_Nick

Let him sign an agreement that frees you of any liabel/damages.

I do that a lot and it works perfectly.

Nick

The problem is I live in europe and he in united states...
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- Brent Turner 16 years ago
  
  Yes, be careful... There are plenty of dodgy designers out there and I've even come across quite a few here on the warrior forum (some even claim my work as their own!).
  
  Also, be VERY VERY careful about buying or using pre-made minisite/salesletter templates that use images in them... Because the designer must purchase a WE-L (not standard royalty free) license which usually costs in excess of $50+ per image for him or her to be able to resell or redistribute files with those images in them.
  
  When I'm designing for single clients I usually start off with a watermarked image in their concept design... Once they've given approval of the design I'll go ahead and purchase the royalty free images on their behalf.
  
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pethanks

16 years ago

If there are complaints then you also is responsible. It's your designer so you have also the responsibility.

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CDaeda 16 years ago

Do graphics need to be copy written for a legitimate claim against anyone?
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- getsmartt 16 years ago
  
  In the US the graphic is automatically copyrighted the minute it is created, no formal process is required.
  
  James
  
  Originally Posted by CDaeda
  
  Do graphics need to be copy written for a legitimate claim against anyone?
  
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robd1302

16 years ago

If you tell your designer that you want him to use stock images, unless otherwise specified, then it should be very easy for you to determine where the image came from, and purchase the appropriate license.

I see so many people (including Warriors) recommend getting images to use on your site from Google images. It really amazes me.

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Headfirst

16 years ago

Originally Posted by secrets2010

What if my designer steals graphics from someone else?

Would I be responsible for that?

How do I make sure that he has the rights to use the graphics?

First out a process inplace. Require your designer to sign off on every project and verify that they did not use anyone elses artwork.

Then get get errors & omissions and copyright infringement insurance.

A good professional liability + E&O policy should include it.

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nmarketing

16 years ago

The best designers can make their own assets.

Just like some of you have a 'cartoon' image of yourself, it was made from a persons hand. A good designer can make just about anything you need. I always test them with a simple 'call to action' button. if they can make one of those, your in ok shape.

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secrets2010 16 years ago

well my designer said he would give me the PSD source doc which will be proof that they were created from photoshop..thats what she said...

But I guess If I get into trouble because of his stealing I probably could sue him...
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- ArticleGrinder 16 years ago
  
  So what happens if you get caught using other people's graphics and the person decides to take actions against you? What if they are both in different countries? Will the owner still be able to sue him?
  
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  ArticleGrinder 16 years ago
  
  Also so far has there been any lawsuit regarding these kinds of cases in the IM world?
  
  Thanks
  
  2 replies
  
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  Alan Petersen 16 years ago
  
  Originally Posted by ArticleGrinder
  
  Also so far has there been any lawsuit regarding these kinds of cases in the IM world?
  
  They usually don't get that far. The first thing the offended party would do is send you a cease and desist letter. Most people would take down the graphics right then and there so it doesn't go to the lawsuit stage.
  
  When they send the C&D letter they will send it to you not your designer.
  
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  donhx 16 years ago
  
  Originally Posted by ArticleGrinder
  
  Also so far has there been any lawsuit regarding these kinds of cases in the IM world?
  
  This is the key question. While it is wrong to steal images and the other advice here about using a reputable designer are important, one must ask if there has been any lawsuits on this matter. Personally, I have never heard of any.
  
  In order for an image owner to complain, they should have a registered copyright for their image. Also, if it ever got to court, there would be a question of damages, and what would they be? Something very difficult for an image owner to calculate and prove in most cases.
  
  No, I'm not a lawyer, but this issue is something I would not be too concerned about. If you know as a fact that your designer stole graphics, you should seek a refund and then change those graphics. Best not to make allegations until you know for sure. I'm not advocating the pilfering of images in any way, but matters like this may be a tempest in a teapot.
  
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What if my designer steals graphics from someone else?

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