Reproductions -- Are we re-selling images or just physical prints?

[jdr999]

I had a customer that wanted to us to print a picasso photo he found on google that was "labeled for reuse." I wasn't sure if that was something I can legally do.

Am I re-selling the actual google photo, or just the physical print that we made from his supplied photo?

Or if someone has the rights to use an image, does that give us the right to reproduce it and sell it to them (as we would be doing it for commercial use)?

Thanks!
Joe

 

[PricelineNegotiator]

I think there was a court ruling that basically renders printers not liable for anything they print, if the client instructs them to.

 

[maas]

Not sure if this holds true globally but there are limitations to royalty free images when these are used in commercial products

 

[wonderings]

Would be a real nightmare if customers who supplied artwork had to legally prove they had the rights to print it. Who knows where they got the design from, the pictures, fonts, etc. And if printers we liable, well I can see that crushing the whole industry, or maybe all the small shops who would now need a legal team to go over each and every job.

 

[maas]

Fonts is a big one, just because its online doesnt mean its free..... the EULA in most has provisions to exclude commercial use (if no purchase was made)

 

[jdr999]

I'm still confused. If a customer provides us with an image to print, are we:

a. Reproducing that image for commercial use.
b. Reselling that image for commercial use.
​​​​c. Selling a service using a customer's image?

Take for example Etsy. We no longer print all those birthday and party invitations as 9/10 times they contain popular cartoon characters that the Etsy author failed to get permission to resell.

But... Is it our job to police customer supplied images or is the norm to just print what we are given?

 

[PricelineNegotiator]

I think there was a court ruling that basically renders printers not liable for anything they print, if the client instructs them to.

^^^^^^^^^^^

 

[wonderings]

I'm still confused. If a customer provides us with an image to print, are we:

a. Reproducing that image for commercial use.
b. Reselling that image for commercial use.
​​​​c. Selling a service using a customer's image?

Take for example Etsy. We no longer print all those birthday and party invitations as 9/10 times they contain popular cartoon characters that the Etsy author failed to get permission to resell.

But... Is it our job to police customer supplied images or is the norm to just print what we are given?

I would say you are selling a service, you are not charging for the picture you are charging your time to set up if it needs it, paper, ink, finishing, overhead, etc. We would not be charging them for the picture itself as they supplied it. Now if it was something we supplied from istock or wherever then yes we also charge for the picture obviously.

 

[minch]

Sadly you are infringing copyright I.e. you do not have the right to copy. It’s also highly probable that the photographer does not have the right to copy either. You would have to ask the photographer for the release forms - exactly the same for models. No release form no right to copy. However the photographer may not have a release from the owner of the art. Find out which gallery holds the work of art and confirm they have given permission to the photographer. Here in the UK copyright infringement is a serious and costly business.