Legal Question in Business Law in Illinois
Copyright infrigement
I have a client who wants a copywritten song used on their web site. Would having them sign a document that states that I cannot be held liable for copyright infrigment hold up in a court of law? If so what is that document's proper title?
2 Answers from Attorneys
Re: Copyright infrigement
What's your role? Why would you be responsible? What makes you believe that a document is going to protect you from infringing someone's copyright? Either you use it with permission or you don't, and are therefore infringing.
Re: Copyright infrigement
If you are infringing a copyright, even at the request of your client, you can be held liable. Your client cannot agree that you won't be liable; that is up to the copyright holder.
Your client may agree to indemnify you for your losses and attorney fees, but there are two potential drawbacks; (1) your client may be unable to pay your damages, leaving you holding the bag, and (2) even if your client is capable of covering your losses but simply refuses to do so, it is at least possible that a judge would refuse to enforce the indemnity on the grounds that it is against public policy to indemnify a co-infringer for his intentional infringement.
Do yourself a favor. Don't infringe the copyright. A license to use the piece is the way to go.
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