The desktop publisher has several choices when faced with the possibility of copyright infringement. It is in your best interest to give serious consideration to how you plan to handle clients who ask you to reproduce and distribute material that is known to be protected by copyright, or where the copyright provisions are unclear. Some choices may be:
- Inform the client that there's a risk of being sued for copyright infringement (the client may then decide whether or not to omit the questionable material).
- Inform your client that you will do the job only after the client grants you indemnification. (Even then the desktop publisher is always open to an copyright infringement suit.)
- Do the job (with or without informing the client), knowing that you are running some risk, but taking into account how likely it is that the copyright holder will sue for copyright infringement.
- Have a policy of accepting no copyrighted material in order to avoid copyright infringement (unless you also receive permission from the copyright holder).
When in doubt, it is generally best to err on the side of caution. If you know it's illegal, it's illegal. The fact that only a small number of copies are involved makes no difference.
In some instances you may be able to claim innocent copyright infringement. If a client tells you that he has permission from the author to use an article in his newsletter, you might not be held liable if a case of copyright infringement is brought by the author. On the other hand, if a client asks you to incorporate a Charlie Brown or Snoopy graphic into a flier, you should recognize that it is copyright-protected and registered and that permission is needed to use that art.
This article originally appeared in The INK Spot magazine.
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