Douglas Michael M wrote:
Jess pointed out that it is unlikely that the copyright owner would come after the designer unless and until the client tried to shift or share blame (in an argument I suspect few courts would find compelling).
My point is that if a designer can document that they were misled by the client and had no way of knowing that they were breaking copyright - communication records showing that the designer asked the client if the rights were clear and the client answered yes, for example - there's some common sense that comes into play. In this instance, a designer would also have grounds to sue the client if the copyright holder came after the designer. In most cases, the client is the owner and distributor of the final product, and they're going to be the first stop for any lawsuit, but of course, the designer is responsible for covering their own butt and doing their due diligence on any provided images.
I have similar problem (about a vector image not a photo, but it dosn't matter much in tis case).
Client want me to redraw a design he does't have a licence for, I said that I won't work with illegal image, I won't copy someone elses work. Now he says he's going to terminate the contract because of it.
I think it's my right for refusing to use that image, but would be nice to have some other opinions if we end up in a dispute, which will might happen, because I already made about half of the project.
re: "I think it's my right for refusing to use that image, but would be nice to have some other opinions if we end up in a dispute, which will might happen, because I already made about half of the project."
You have the right to end a contract at any time.
You have the right to end a contract because you feel that the client is asking you to create a vector image adaptation of a design he does not have a right to use.
You can end a contract for virtually any reason, or no reason at all.
Is this an hourly or fixed-price contract?
Either way, I think the easiest and fastest way for you to end this would be to refund any money you have been paid and close the contract yourself.
It will certainly be fair to the client if you end the contract without him being billed any money. And there will be no way for him to leave feedback or dispute anything.
This is NOT the outcome you would have hoped for. But if you don't want to profit off of copying somebody else's design, then this is the right thing to do.
It's fixed price.
I don't want to end the contract, client does. I'm willing to finish the job but I gave a contition that the client provides legal image or he can use my design that I made for him in place of that one. At first he was saying he want image just similar in style, I tried to make a design more fitting the project in my opinion, he didn't like it, so I tried to adjust the design to his liking, while he couldn't even describe properly what he didn't like about it. In the meantime I also made other large part of the project not conected to this image.
Why should I give him back the money for the work I have done? It doesn't make sense.