I Need Proof!

Business By korkyo Updated 12 Feb 2007 , 12:36am by indydebi

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korkyo Posted 10 Feb 2007 , 3:46am
post #1 of 9

HI all,
I work retail at a grocery store and my managers are trying to tell me that it is ok to copy ANY image as long as it is hand drawn. I have argued the point several times as I know this is wrong. I've been doing this for 22 years. They say the company has never had a law suit (that they know of) and that if they did, the store would pay the penality adn the decorator would not be "punished". They are desperate for any sales they can get and refuse to turn down any orders. This is a sudden change because we had not been doing this untill recently.

I'm thinking about asking if they would sign and notarize a paper removing me from any falut. I really don't like this because once word gets out we will be doing a dozen or more a week.

The questions are: Do any of you have proof of some court info or experinece in RETAIL that was sued for copyright? What was the results for the decorator?

I'm just not sure if I like this situation. I don't trust them to NOT hold me responsible.
Thanks,

8 replies
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sweetviolent Posted 10 Feb 2007 , 3:54am
post #2 of 9

no experience - but i would advise you to CYA- think about it - if you do one evryone will want one and your grocery store is a much more high profile place than a home baker thing.. plus i dont know how far they push it for example if you draw a big red dog with a blond friend- and don,t label it as clifford is it still clifford??? I dunno but it would prob. be easy to prove that that was your intent. I wouldn,t wanna assume that risk !!

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Sweetpeeps Posted 10 Feb 2007 , 3:55am
post #3 of 9

Wow! What a tough position to be it. RisqueBusiness would be a good one to ask. She knows all that stuff! I hope it works out for you.

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Derby Posted 10 Feb 2007 , 4:00am
post #4 of 9

Hmmm....cya! The employer may be forced by their corporate policy to hold the offending employee responsible. I wouldn't trust them to not use you as their scapegoat. I'm pretty sure that nothing would happen to you legally, but you may lose your job. At a minimum I would at least document the conversation that you would have with them.

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cakesondemand Posted 10 Feb 2007 , 4:50am
post #5 of 9

In one of the american cake decorating magizines there is a big write up talking about copy rights it is in the august/ sept 2006 issue labled as
No excusses for copyright violations. pg 77 3 pages long on this issue. good luck this should be your proof.

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korkyo Posted 11 Feb 2007 , 2:51am
post #6 of 9

I do not have that copy. Would there be a way to send me a copy of that to show them? Maybe I can find a replacement copy.
Thanks,

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lsawyer Posted 11 Feb 2007 , 3:01am
post #7 of 9

I would tell your boss that you need a notarized statement from the CEO/Bd. of Dirs. and their legal department saying that this is legal and that YOU would not be held liable. Or, just email the CEO/legal dept. for clarification. There are a lot of bad managers out there; I suspect he's looking for the bottom line profit, regardless of how it affects you. Let HIM be the fall guy! Don't let this guy set you up.
Remember Enron???

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cakesbycathy Posted 11 Feb 2007 , 8:17pm
post #8 of 9

I agree with Isawyer. You should probably go over your bosses' head on this one. CYA for sure and don't do anything until you have it in writing that you will not be held responsible or lose your job should they get sued.

Good luck. Keep us updated on this one.

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indydebi Posted 12 Feb 2007 , 12:36am
post #9 of 9

No personal experience, but I was told by a woman who has been in this for years (and I have a high level of respect for her talent and knowledge) that yes, Disney DOES send people out to check groceries, bakeries, etc to see if their images are being improperly utilized. I asked "Not just in Calif or Fla, but all the way out here, in the midwest?" Yep, she said, they go EVERYWHERE!

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