Re: Who is held responsible designer or client

Subject: Re: Re: Who is held responsible designer or client

Comments:
: : I am currently designing a brochure that uses pictures of : : professional basketball players for promotional purposes : : for a service oriented company marketing to professional : : athletes. I have asked the client to get me head shots that : : are non copywrighted. She brought me a media guide and : : wants me to use pictures from there. In the front of the : : media guide it states that the information is to be used : : for editorial and personal purposes only, not to be used : : for commercial purposes. I still don't feel comfortable : : using these pictures. Though she is willing to run the risk : : I am not. I do freelance design on the side and it is just : : not worth it to me to be sued!! Ultimately, who is held : : responsible for the usage of these photos. Do I need to get : : a contract drawn up the states I have warned her of this : : issue and she can not hold me responsible? or am I still : : responsible regardless!! She feels that since she knows : : these players and has quotes from them that it is ok. I am : : just very weary. I need advice!! : Dear Sandy, : You got your wits about you. My belief is that you are both responsible. You are looking for trouble even if you are indemnified. : M. Arthur Auslander : Auslander & Thomas-Intellectual Property Law Since 1909 : 505 Eighth Avenue, New York, NY 10018 : 212-594-6900, fax 212-244-0028, aus@auslander.com : ELAINE's Workshop(sm) : E arly L egal A dvice I s N ot E xpensive(sm)

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