: Will I get sued for my logo, even though the customer doesn’t know me? A few months ago I made a logo for a customer on Brandsupply. Brandsupply is a site that lets a customer upload their

@Looi7658678

Talk to your insurance company and check; unless you've been negligent, your professional indemnity will likely cover you if you're sued.

If you don't have professional indemnity, get it, or get out of the business. Also, I'd really recommend you stop doing spec work. This stuff devalues design work: www.nospec.com/
Stock site licences often exclude use as a logo; I can't remember what Shutterstock's licence says. Go check.

However, it's likely there's no infringement, if it's really just inspired by a stock image and you've actually done some creative work. If you've just pasted together a stock image and the client's name, yeah, that's probably infringing – regardless of whether you win the content, and regardless of whether the client picks your design.

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@Goswami567

If you have copied something from a design on Shutterstock and it is in distinctive enough to be recognised then you are in danger of being pursued for copyright infringement.

However, Shutterstock images are sold as royalty free for commercial use, so all you need to do is purchase the image that the copied / used as inspiration on behalf of your customer (or if they purchase the rights to use it themselves) then you should be covered. If you have a license for using the image then you can also, adapt, recolour, rework, etc...

You’re not protected by any kind of anonymity here, if Shutterstock’s legal team get in touch with the freelancing website that you use, I’m willing to bet that your details will be handed over in a heartbeat. It probably even says that in the terms and conditions that you (read and) signed.

UPDATE:
Based on the comments below, I think it’s worth clarifying some of the assumptions that I have made when formulating my answer. Firstly, I’m assuming that the company name forms the main part of the logo and the copied element is just styling or embellishment (swirls, stripes, text treatment, etc). Secondly, I’m assuming that the copied part is not an image or recognisable photo of people. Finally, I’m assuming that the logo does not form part of a product that is resold. That would require a completely different kind of license. If these assumptions are correct then the answer stands.

As others have said... I’m not a lawyer.

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@Caterina889

If you infringe upon a copyright, then you are responsible, not (only) your client/customer. You are creating the artwork and it’s your responsibility to act without negligence. Using artwork from a source you know is infringement is clear negligence. Beyond that, you’d need to speak to an attorney. And I am not an attorney. None of this should be seen as legal advice.

No one here can predict whether or not you’ll be sued. In the United States, anyone can sue anyone else, for anything. Whether or not they win is up to the judge. I see that site appears to be European-based. So, I don't know if things are different in Europe or your country of origin.

I would imagine if the client has a problem, they will contact the website, which will either provide your information to the client or contact you directly about the matter. Although you are essentially a third party, there's no protection merely because there is a middleman (website) between you and the end client.

Item 4 of that site's Terms of Service clearly reads:


(II) Postings. Users are responsible for all contents placed/posted on our site and resulting consequences.


And Item 8 reads:


In breach of copyright, trademark or other rights within or outside of a contest, it is up to the injured party to take legal action against the infringer and, where appropriate, to contact the relevant authorities for the protection of intellectual property. Brandsupply is not responsible for this.


Although Item 8 seems to infer more what to do if a client feels they have been infringed upon, it would seem to indicate an overall mindset that the client needs to take action against the infringing party, even it it is the user/uploader.

If you are concerned about this matter moving forward, you may consider being proactive and reaching out the website to inform them that you mistakenly used artwork in the logo which you do not have rights to use.

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