[Mantishead]

I built a website on behalf of a client a year ago. During the development we utilised a number of photos from his supplier catalogue which they gave permission for, after all why wouldn't they - he was promoting their products.

However, recently my client's relationship with his supplier has turned nasty.

I have received an email direct from my client's supplier asking me to remove photos from the client's website by the 1st May or face legal action.

Now, clearly, this is not the way to pursue a copyright infringement in the first place. Threatening me with legal action is hardly going to make me jump through any hoops.

Putting that aside for a second, I responded and stated I would not be able to undertake any changes to the client's site without the express direction of the client. After all, demanding changes to other people's websites at your whim is unlikely to be protected by any legal authority.

They responded with a stronger rebuke in which they told me they have contacted the client. Big deal, why are you telling me???

I am not trying to stand in the way of anybody. I feel a sense of loyalty in protecting my client's interest but I am certainly not going to take a bullet for them.

I am more interested in the nuance of the situation.

Does the supplier have a right to demand I remove them?

Is the supplier correct in directing the threat of legal action at me?

Who is supposed to pay me for taking the action to remove them?

What sort of period should I or my client be given to take action, is 4 days really adequate?

Where is the protection for the design industry when client's tell you they have permission to use something, but perhaps they don't?

Any lively discussion is most welcome....

[traxor]

The images will always remain the intellectual copyright of the supplier, and they therefore have a right to remove the photographs. It is not, however, your responsibility to remove the images, whilst you're the professional, you are still able to charge your client to remove them, because the site is their intellectual copyright.

Don't be intimidated, he can't legally do anything to you.

[Sam G]

You work for your client, not his supplier. Any issues are between them two. If your client instructs you to remove the images, then do so.

[BritZin]

Not a leg to stand on.
You're the designer on behalf of your client. You're not legal responsible for anything, you've been instructed what to do by your client and you have followed the instructions. The legal dispute lies with your client and the supplier. Nothing to do with you.

If you remove the images, you're acting out of contract and you have no right to do so. You could face legal consequences from getting involved or by removing images from someone elses site without permission.

Explain that as a contractor, you have no right to get involved and the dispute is between them and your client.

I'm not a legal advisor, so don't act upon what advice I give you alone.

[Avera]

By removing the image you will have to have YOUR client's permission to do so.

Additionally - you cannot be held responsible for your client's website or if it infringes someone's copyright in any way.

The DO have the right to request them to be removed. However, they MUCT request to your client that they have them removed. Therefore - your cleint should ask you do do the work and of course, you will charge for your time at normal rate.

Respond with the following:

Quote

Dear [WHOEVER],

Re: [INSERT DOMAIN NAME]

I am afraid that since you are not our client we cannot communicate with you in any way regarding their website as this would be a breach of data protection.

In addition we cannot and will not perform any maintenance on their website without their prior approval and a signed order form.

Please contact the website owners by the details below:

[INSERT CLIENT'S DETAILS]

We will not respond to any further email from you.

Regards,


Your Name
Your Company Name

If they bother you again - you can take legal action for harassment and damages for loss of work due to their persistant badgering you.

Have fun!