Copyright Issue ~ Please help

Lyming · #1 (**permalink**) 15-12-2006, 06:39 PM

Hi,

recently I'm developing a website for a beauty salon. She's a dealer selling several products (Thalgo, Coverderm etc).

She told me that I am allowed to use ANY picture from these companies' websites, because she is the exclusive dealer of these products.

Is it true that I can use pictures from these websites, since she is the dealer? Does it involve any copyright issue if I use these pictures?

Please help~ Thanks.

limcs · #2 (**permalink**) 16-12-2006, 02:13 AM

I have come across with this issue sometimes before.

I guess it's fine to use the companies' photo. Else, you may ask her (as a dealer) to contact the companies and send her the product photos.

Last but not least, this is my personal advice

Consult your local lawyer for more accurate information

Lyming · #3 (**permalink**) 16-12-2006, 11:44 AM

Wow!!

Shall I contact a lawyer???!! That would cause me a lot of money!!

limcs, so what did you do when you come across with copyright issue??

limcs · #4 (**permalink**) 16-12-2006, 01:11 PM

I just use the picture. If it's not allowed by the companies, they will contact you to take them down.

mysticmind · #5 (**permalink**) 16-12-2006, 01:42 PM

Quote:

Originally Posted by limcs

I just use the picture. If it's not allowed by the companies, they will contact you to take them down.

yup..
i think that way to..

because.. the dealer still promoting their company and selling their product..

normally, you cant get sued at the first time.. everyone gonna give a warning first..

vincevincevince · #6 (**permalink**) 23-01-2007, 07:10 PM

What has been said above about 'not being sued the first time' is entirely false, unfortunately.

The correct way to deal with this is to email the company and check. If, for any reason, you don't want to do that then get an indemnification from your client in writing:

Quote:

1. I as owner and sole proprietor of ___________ a company in the business of health and beauty product retail and registered at the address of ______ hereby irrevokably grant legal indemnity to ____________ a contractor in the business of internet website design and developement and registered at the address of _____________________ and hereafter termed Contractor.
2. That the indemnity relates to all matters directly or indirectly consequent from the use of graphical images obtained from websites as listed in schedule A.
3. That the indemnity established under this contract indemnify Contractor against all fees and damages and forfeitures imposed by the court of any country and that such indemnification shall have no limitation on frequency or value or duration.

Schedule A.
That the following websites be irrevokably included within the present indemnity:
siteA.com
siteB.com
...

In consideration for the above detailed indemnity Contractor will remit payment of one Malaysian Ringgit. The above is effective on the 29th of January 2007 and from that date henceforth.

______________________
Beauty store owner

__ __ _____
Date

______________________
Contractor

__ __ ____
Date

______________________
Witness

______________________
Name of Witness

__ __ ____
Date

Note: Use at your own risk!

iamfreelancer · #7 (**permalink**) 24-01-2007, 01:16 AM

the letter was good to have by all web designer..
one thing i don't understand is what the "Contractor will remit payment of one Malaysian Ringgit." was about??

vincevincevince · #8 (**permalink**) 24-01-2007, 08:59 AM

For it to become a valid contract there must be something given by both parties involved. The store owner gives you indemnity and you give the store owner RM1 in return, this is termed the consideration. Unless there is consideration then there is no contract.

Quote:

".. some right, interest, profit or benefit accruing to the one party or some forbearance, detriment, loss or responsibility given, suffered or undertaken by the other."
Currie v. Misa 1875 LR 10 EX 153

In essence, if the indemnity is not part of the initial contract for webdesign (in which the consideration is providing a webdesign on one side and paying a fee on the other) then you as the webdesigner must purchase the indemnity for a token fee in order to ensure that the contract is valid.

The need for consideration is why you see companies and large assets sold for a ringgit. For example, AirAsia was bought in 2001 for one ringgit (and came with 40 million ringgits of debt).

yipguseng · #9 (**permalink**) 24-01-2007, 09:18 AM

thanks vincex3, this would help almost everyone of us here

so do u have any copyright if we use ur this letter as draft

vincevincevince · #10 (**permalink**) 24-01-2007, 09:30 AM

yipguseng, so far as I am concerned you can do what you like with it. Of course, I advise you to review it with your lawyer to ensure it fits your needs.

iamfreelancer · #11 (**permalink**) 24-01-2007, 05:11 PM

Quote:

Originally Posted by vincevincevince

The need for consideration is why you see companies and large assets sold for a ringgit. For example, AirAsia was bought in 2001 for one ringgit (and came with 40 million ringgits of debt).

ahh... now i know thats the way it work out.. no wonder proton sale their motorcyle divison for $1 also.... thanks bro....

Lyming · #12 (**permalink**) 26-01-2007, 06:08 PM

Thank you, vincevincevince, for giving us the letter!

It would help us a lot!

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