June 2018by CDOC Ltd T/a Cambridge Print Solutions
The Client guarantees that any element of text or graphics given to CDOC Ltd T/a Cambridge Print Solutions for inclusion in designs do not infringe on any copyright or trademarks that have been already established by another company or organisation. The Client will hold harmless and protect CDOC Ltd T/a Cambridge Print Solutions from any claim or suit arising from the use of such as furnished by The Client.
We make every effort to produce original artwork. If, however, we create artwork for you, which accidentally infringes on any existing trademarked artwork, our liability is limited only to a refund of the paid amount. CDOC Ltd T/a Cambridge Print Solutions will do no research checking on the legal availability of the name we are creating designs for. It is the Client’s responsibility to ensure that the name of their product, company or service is not already in use, and it is the Client’s sole responsibility to secure a service mark or trademark to protect the rights to any name or image. We will not be held responsible for any legal action that may result from improper due diligence on the availability of a company name or image.
CDOC Ltd T/a Cambridge Print Solutions retains the right to display the artwork in their corporate portfolios, print samples and marketing materials. All concepts, proofs and drafts provided to the client are for client review and comment purposes only. Until all project invoices are paid in full by the Client, CDOC Ltd T/a Cambridge Print Solutions will retain exclusive copyright and ownership of all design and draft materials not used in the final design and any usage will be deemed an infringement of standing copyright protections and pursued appropriately by CDOC Ltd T/a Cambridge Print Solutions. Ownership of the final artwork becomes the full property of the Client, having unlimited, indefinite and unrestricted use of the design upon payment of all fees.
Copyright in images and photographs
Photographs, illustrations and other images will generally be protected by copyright as artistic works. This means that a user will usually need the permission of the copyright owner(s) if they want to perform certain acts, such as copying the image or sharing it on the internet.
References to “images” in this Copyright Notice include:
digital photos taken on mobile phones and digital cameras;
images that were first generated on photographic film and any digital images created from them; and
images such as diagrams and illustrations.
I want to use images I found on the web
Images that have been found on the web may be used in the following situations:
you know the copyright term has expired;
you have permission from the copyright owner for exactly what you want to do with it (for example, to display it on your website) – this may be in the form of something like a licence you purchase from a picture library or a Creative Commons Licence; or
you use the images for specific purposes known in law as permitted acts.
Is there any way I can be completely safe when I use an image from the Internet?
The vast majority of images on the internet are likely to be protected by copyright, so it is only safe to use it if you have specific permission to do so through a licence; or your particular use is specifically permitted in the terms and conditions of the website supplying the image. The use of licensed images is usually much safer than using unlicensed images which offer no protection against infringement.
What are the consequences of copyright infringement?
When someone infringes copyright, there are various courses of action that could be taken by the individual or organisation that owns or administers the copyright. The user of the image may be asked to purchase a licence, and a commercial arrangement might be reached after which no further action is taken. However, legal action might be taken by bringing a claim in court which could result in having to go to court for a hearing.
Court cases can be expensive, as they often result in the user of the image paying the cost to use the photo, plus legal costs of themselves and the copyright owner and possibly other financial compensation for copyright infringement, which may amount to more than the cost of a licence to use the image. Further, the user of the infringing copy could also be asked to take down and permanently remove all copies of the image from websites as well, unless permission from the copyright owner is secured.
Deliberate infringement of copyright on a commercial scale may also lead to a criminal prosecution.
Even in situations where people may think their copyright infringement will not be detected, they run the risk of being discovered and subsequently being pursued through the courts.