Re: Image ethics
by "Judith C. Kallos" <webmaster(at)theistudio.com>
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Wed, 27 Dec 2000 08:56:37 -0600 |
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hwg-graphics(at)hwg.org |
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Happy Holidays! ;-)
At 05:21 AM 12/27/2000 -0700, Jim H wrote:
>I have a client that is a retailer for collectible dolls. She insists that
>I add doll images on her web site--I have no problem with that.
>However, she wants me to lift pictures from the manufactures
>website so she doesn't have to pay me to either scan or take
>digital pictures of the dolls.
If she provides in writing from that manufacturer to you that this is
"O.K." then you have permission to do so.
>I understand that if I get their
>permission then it would be alright. My first question is this: Who
>should obtain the permission, the client or the web guy?
My contract states that the owner has permission from any
copyright/trademark owners for any graphics/content/data they provide for
their Web site. This is not my responsibility to run around and make sure
permission is given - that is your customer's responsibility if they in
fact want to use that info/graphic on their site. I don't consider this
automatically "part of my job". That is unless the client wants to hire me
to do this type of work in addition to developing their site. ;-)
However, if they want me to go to another site and take graphics - I need
something in writing giving me authorization to do so.
>The client in this case doesn't feel it is necessary because she is
>an authorized dealer of the dolls.
Then she should have no problem getting something in writing from that site
for your files.
>I am not sure just what authorized
>dealer means and what it gives her permission to do.
Not your concern other than to protect yourself from getting charged later
with infringement.
>She feels I
>am second guessing her if I ask probing questions.
Well, that is your job isn't it? To make her aware of the issues she may
not be aware of in this gig. She is hiring you as an expert in the field
right?
>I feel that I
>should have some sort of waiver if I do this without the direct
>concent of the manufacturer, but again, I would be second
>guessing her or offending her to ask for a waiver (then I am not so
>sure how protective that would in a court case anyway).
Don't worry about second guessing clients who do not know this business or
may put yours in jeopardy. She may know dolls, but that doesn't mean she
knows the legal ramifications of what she is asking you to do. Nor should
you be bullied into doing so. She get's permission in writing or pays you
for your time to do so. That is how it is done.
>I have no problem asking the manufacturer for permission, but if
>they ever contact the client about something, wham!-- there goes
>that second guessing thing again.
She should ask for permission - not you. If you ask on her behalf, she
should be aware of and paying you to do so.
>This is a moody old battle-axe type of person. She has been a
>client of mine for over two years. In fact, she was my first client
>now I think of it. I could just tell her no and sever the relationship
>with her, but my portfolio is rather thin. What to you savory
>professionals out there do when you're in a spot like this?
Jim, all of us have been where you are and at some point realize that with
some of those first customers we took more guff and abuse than their profit
levels are worth. You are the one who sets the boundaries and determines
the type of clients you attract and therefore keep.
Be confident in your skills and gut instinct - your gut never lies. ;-)
TTYL!
/j
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