[thelist] another Copyright question
Jeanne Edna Thelwell
matantisi at matantisi.com
Tue Aug 28 17:22:24 CDT 2001
At 05:05 PM 8/28/2001 -0500, you wrote:
>What is the liability of the designer/developer when a client instructs
>them to put a copyrighted work on their site that might not have permission?
>
>I read http://www.techlaw.com/TextOnly/WhatsNew/copyright.html as saying
>liability it's unavoidable.
>
>Is there anything one can put in a contract to avoid contributory and
>vicarious infringement?
>--
You can certainly put in a clause that the client warrants that they have
the necessary permission of the copyright holder to use any content, visual
or written, which is under copyright, and agree to indemnify and hold you
harmless in case of an infringement action. However, when you know that an
image is copyrighted, and that they don't have permission to use it, I
don't think that clause will help you, except perhaps in the matter of
indemnification. It won't do anything for you vis-a-vis the copyright holder.
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