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powercoder2020-01-24 22:54:15
Law in IT
powercoder, 2020-01-24 22:54:15

Is the site developer responsible for the materials provided by the customer?

Received an order from a customer. He asks to make a website for his company according to his layout. Usually I make layouts myself, I try not to violate related rights, but here the situation is unusual for me, and therefore I am interested in the following.
Question. If suddenly the designer who made the layout stole information, images, style from any other resource without permission, will I be responsible for this as the person who posted this site on my website in my portfolio?
How to protect yourself?

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2 answer(s)
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diosoleg, 2020-01-26
@diosoleg

It all depends on your contract.
To relieve yourself of responsibility, write down the clause that he is responsible for everything that the customer has transferred. In case of questions, the problems should be solved by him, and not by the performer.
In this case, it applies to you too.
Materials can be accompanied by an act of transfer or in an annex to the contract. Also write fixed data sources, for example, mail, otherwise messages of the telegram type will be permanently deleted. Paper is of course the last century, but in this regard it is more reliable.
And even the placement of work in the portfolio must be prescribed in the contract, otherwise you may violate the rights to use the customer's property.
Everything from the layout to the icons should be spelled out, including the transferred photos.
There are a lot of situations of theft of designs and layouts, and few people think about it in the CIS countries, where copyright laws work poorly, and the layout developer is generally from Europe, America, Asia or Africa.
Things may be different if the layout developer is in the same legal field as you.
In general, write down everything in the contract and follow it. Everything that is not spelled out and not observed can be set against you if it comes to that.
Based on the experience of complying with such agreements, some clients may turn around. From observation of other companies, such disputes and litigation were at the level of local companies.
If you do not want this to somehow affect the future, then do not post the work, because the design is not yours, or indicate what you did there.

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