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Infrigement as a applicator.

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freebird1963

Junior Member
What is the name of your state (only U.S. law)? FL
Hello
Hopefully I can explain this thoughtfully and understandably. I have tried searching the net but can't find anything relating to what I am trying to answer and never had this type of request before.

I do tshirts,sand blasting,hydrodipping etc products for customers. Have a customer that wants some products made. After I do them he wants to have some stickers put on to them that he had had printed up from somewhere else (maybe even printed himself) . I believe the stickers are of a copyrighted or trademark image (I haven't seen them yet but get this feeling from the way the conversation has gone).
My question and concern is this.
If they are of a infringement nature as a applicator of just the stickers can we be held liable for infringement ? Even if he signs off on a waiver saying he has rights to print/use these images and turns out he doesn't ?
I hate to turn the business away but same time not a fan of looking over my shoulder either.

Thanks.
FB
 


quincy

Senior Member
What is the name of your state (only U.S. law)? FL
Hello
Hopefully I can explain this thoughtfully and understandably. I have tried searching the net but can't find anything relating to what I am trying to answer and never had this type of request before.

I do tshirts,sand blasting,hydrodipping etc products for customers. Have a customer that wants some products made. After I do them he wants to have some stickers put on to them that he had had printed up from somewhere else (maybe even printed himself) . I believe the stickers are of a copyrighted or trademark image (I haven't seen them yet but get this feeling from the way the conversation has gone).
My question and concern is this.
If they are of a infringement nature as a applicator of just the stickers can we be held liable for infringement ? Even if he signs off on a waiver saying he has rights to print/use these images and turns out he doesn't ?
I hate to turn the business away but same time not a fan of looking over my shoulder either.

Thanks.
FB
I guess I am not real clear what you are doing with the (possibly copyrighted) stickers.

It would be copyright infringement if you reproduce copyrighted images even if the person asking you to reproduce the images signs a waiver. Book publishers, for example, are frequently named along with authors over the content of the books they publish even when authors have signed releases holding the publishers harmless for the words they have written (and infringed).

It is called contributory infringement.

When someone knows (or should know) that what they are being asked to reproduce infringes on the rights of another but they reproduce the work anyway, they have contributed to the infringement and the harm caused to the copyright holder.

There are defenses that are available to those who honestly and innocently believes that a work is not copyright-protected, but these are not complete defenses to copyright infringement. They, like the releases that are signed, work as mitigating factors when damages are awarded in an infringement suit.

Many companies like yours will refuse to copy anything that looks to be infringing and others will take the risk - balancing the pros and cons. It is up to you how much risk you want to take. I suggest you have insurance enough to cover any lawsuit that might arise.

And if I misunderstood your concern, please post back.
 

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