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Copyright Infringement Disclaimer?

Thread title: Copyright Infringement Disclaimer?
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07-15-2010, 05:03 AM
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chinch420 is offline chinch420
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  Old  Copyright Infringement Disclaimer?

I'm a freelance web designer and recently I got a new project for a website. The client provided me with all the content and he also gave me some other similar industry websites to look at and create the site in similar ways.

While I was building the site, I noticed that some of the content he had given were direct copy paste from some of the other sites. I want to bring to his notice that I as the web designer will not be held responsible for any copyright infringement in an official manner, like a disclaimer or something.

Can someone please give me any ideas on how I should go about with this? I tried looking for samples to get an idea on how to write this, but my search has been fruitless. Your feedback is truly appreciated.

Thanks.
C

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07-15-2010, 06:43 AM
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Village Genius is offline Village Genius
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  Old

If you know it is a copyright infringement, you can probably be held partially liable regardless of the situation (I am not certain about this). Generally these waivers are for cases where you did not know. The theory I am using is that if you otherwise legally sold a firearm to someone knowing that he was going to commit murder, you would be considered a part of it. Its also worth adding that contracts that cover an illegal subject matter are invalid, so you may want to stay away from this guy altogether.

But to answer your question, a typical hold harmless clause could be found here: http://itlaw.wikia.com/wiki/Hold_harmless. You might want to add something specific about copyright infringement.

Edit: You location says Columbo, is that in Sri Lanka? If so my advice probably amounts to nothing since it is US law.

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07-15-2010, 10:44 AM
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Lowengard is offline Lowengard
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  Old

C:

VG is right on all counts here. You probably can protect yourself through your contract.
BUT
International laws about website content, style, etc. are basically unenforceable (when they exist).

You may not have to worry about a lawsuit for plagiarism. However, you probably should give a thought to ways a site with plagiarized content would affect your reputation going forward.

Imagine a potential future client tries to find out about your work and comes across this site with stolen text. Will s/he find this disturbing? How would you explain it away?

(I'm a writer and I have strong opinions about appropriate response to this situation. My actions--based on the idea that whether or not you will ever be caught, you are a party to theft--may be different from yours, however.)

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09-12-2010, 09:30 AM
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Aziz is offline Aziz
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  Old

Since when are designers responsible for content? Content should be added by the client :|

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