to give you an idea of what you are up against...

UPDATED!!!!

Before you read the rant below, you need to know that not only did the owner of the website clarify that she was kind of unclear how copyright law worked, but was also grateful for the sound advice. I've invited her over to join ticdesign... maybe she knows some design tricks, or for those of you who aren't up to designing fancy custom cards but want to offer it as a service, maybe you can form a partnership with her - her cards are actually pretty durn cute!

So the morality police showed up today when I stumbled upon an advertisement on Facebook for custom-made photo cards. ~rant on~

The 'faq' page irked me something fierce, and the owner tried to pass the buck on recognition of international copyright laws. I imagine she figures she might lose some business by not working with professinal photos, and that by saying in a wishy washy way she asks for a copyright release but will work with them anyways figures she is saving her own butt from prosecution.

It says: I will complete your order before receiving this document, however, I cannot be held liable if I do not receive it, or if the Photographer is unwilling to provide it.

It sounds like: I don't actually care if you provide copyright or not - I will take your money and deliver your order like anyone else's and if I find out later I wasn't actually allowed to use the picture I'll just say it was your fault.

I am waiting to see if hear back from this email (condensed version here):

"Hi, L.

I followed your ad link on Facebook. I'm a photographer and though I initially stopped by for a completely different reason, I am now looking for some clarification in regards to the use of professional photos on your FAQ page where it reads: I will complete your order before receiving this document, however, I cannot be held liable if I do not receive it, or if the Photographer is unwilling to provide it.

For your own protection, regardless of whether your client is providing their own photo for you to use or one that someone else took, I would strongly advise you to revisit your policy, and start providing your clients with a copyright or license release form that they or their photographer must complete BEFORE you even commence working that reads something like, "I, (insert name), own the copyright to the image identified as (insert file name or names and description) and do hereby give permission to (your name) to use this/these images in the design of a custom card specifically for the purpose of (insert reason.) The following limitations will apply: (this is a place where photographers like me may limit the number of copies or prints you may make, or prohibit you from using the image as a display item without proper photo cred.) In signing this document, I hold harmless (the name of your company) from any and all legal proceedings that may arise from the use of this picture.

This should help prevent people from providing illegal images for you to use and putting you at risk, too. In the meantime, good luck with your design company - very cute cards!

Regards,

~H."

As much as I wanted to tear a strip off of her I figured it was better to be diplomatic and helpful. Unfortunately this kind of blase attitude towards copyright runs rampant. Turning a blind eye isn't the same thing as refusing to work when a copyright release or license has not been provided, and rest assured, if she were to use one of the images my client provided in a design without seeking a proper release I would, in a heartbeat, sue her as well as my own client. Not only does it show a lack of professionalism, but it's kinda disrespectful... Wonder how she would feel if someone used one of her designs and used it without asking...

~rant off~