Asked in Copyright and Internet Law

Q: I'm a web designer, If client emails me that he has permission to use copyright images, and ends he does not, am I safe?

So if the client lies to me in the email, and the copyright owner comes after the website for copyright infringement, will my client's email stating he has permission cover me from being sued?

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1 Lawyer Answer
Kathryn Perales
Kathryn Perales
Answered
  • Intellectual Property Lawyer
  • Oberlin, OH

A: No, not completely. If you publish or display or otherwise violate someone's copyright rights, whether knowingly or not, they have a claim against you.

One thing you can do is have your client indemnify you for any damages and costs you may incur as a result of your building the web site. This indemnification document will be legally enforceable, but may not end up doing you much good if your client can't afford to pay any resulting damages.

Another thing you can do is insist that the client show you evidence that they have permission to use the content. Whatever documents they produce may make you more confident. But, in the end, if the client is lying or mistaken, you may still be liable for copyright infringement.

Another thing you can do is to independently search to see if this content is out there on the internet, and you may be able to tell that it is pirated, or perhaps you will be able to tell who the owner is. If what you find does not seem to match up with what the client is telling you, then you probably should not use the content.

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