Legal Question in Civil Litigation in Michigan
Copyright burden?
I design custom invitations and frequently customers bring in artwork that they would like me to use. Where does the burden fall to make sure that it was obtained legally?
1 Answer from Attorneys
Re: Copyright burden?
You need to have a standard form for a customer to sign which holds them responsible for having permission to use the artwork and/or that it is not a copyrighted item, thus relieving you from most liability. If the mark is something obvious, like Coca-Cola, then yes, you could be held responsible, because the average person in your field of work would know that is a copyrighted item, that cannot be reproduced without the owner's permission.
If the customer insists on using an item that you know is copyrighted, they need to have permission from the owner to reproduce the item (such as an article, photograph in a book, etc).
Once you have your customers sign the release form, this will relieve you of most liability. Whether or not you could actually be found responsible/liable for any damages in a lawsuit would depend on the specific facts of that case.
If you need something drafted, please feel free to contact me.