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  1. #1
    SitePoint Addict Feliciaf's Avatar
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    Responsibility for client images

    Hi there

    We were wondering whether someone could clarify the below query.

    A client of ours took an image off another website and used it on hers unaware to us.
    The image looked like it was taken near her home, therefore we thought she may've taken the shot.
    We always inform our clients that they should not use copyrighted photos on their website, but we don't police it either.
    The owner of the portal website emailed us saying this:
    "You as the “webdesigner/author” have the ultimate responsibility for any websites that you create and therefore the responsibility for the material used".
    Can you please inform us whether this information is correct or has she got her facts wrong?
    Thanks so much.

  2. #2
    Motivated Procrastinator seriocomic's Avatar
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    She's ultimately responsible for her actions. You may have created the site but she created the content and no web-design company would rightfully be held accountable for the actions of their client after the site has been built. If the image was placed on the site as part of the building process then that could complicate things.

    If, like you say, you have some written advice about copyright imagery then that could mitigate that situation.

    However, as soon you become aware of any wrongdoing, you would be better protected by bringing this to your client's attention, with a view to absolving yourself from any decision from keeping that image on the site.

  3. #3
    SitePoint Wizard bronze trophy
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    The 'owner' of the web site is the person liable for copyright infringement. Who actually owns the site? Did you specifically transfer ownership to your client? What did you stipulate in your contract regarding any client submitted content that you place in the site on their behalf?

    In addition, if you host the site, you could be liable for hosting the content especially as you have now been made aware of it. If so, give your client 24 hours to remove it otherwise remove it yourself.

  4. #4
    Word Painter silver trophy Shyflower's Avatar
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    Put something like this in your contract next time:

    The Client, (client name) warrants that all material furnished to (Your business name), is the sole intellectual property of the client and does not infringe on any copyright, violate any property rights or contain any scandalous, libelous, or unlawful matter.
    Then your clients have no recourse in trying to push off responsibility on you. As shadowbox advised, if you are hosting the site, remove the infringing content to limit your own liability with the intellectual property owner.
    Linda Jenkinson
    "Say what you mean. Mean what you say. But don't say it mean." ~Unknown

  5. #5
    SitePoint Wizard bronze trophy Tailslide's Avatar
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    I've got a clause in my contract which stipulates that the client has full liability for any images they supply and I can't be held accountable for copyright infringement.

    I also agree with shadowbox that as far as I know, the liability in fact lies with the site owner not the designer.
    Little Blue Plane Web Design
    Blood, Sweat & Rust - A Land Rover restoration project

  6. #6
    SitePoint Addict Feliciaf's Avatar
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    Fantastic thanks so much you guys.
    The photo has been removed but I needed to clarify that we were not responsible for this image. It was not part of the template which is good and Shyflower thanks so much for the contract wording. I shall use it.
    Really appreciate all your efforts with this.
    Regards.


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