Protecting Your Agency from Inadvertent Copyright Infringement?

[SmokyGBP]

I had a "break out in a sweat in the middle of the night" moment recently. As I work with a client to post content on their GBP profile and social media sites, I have been using images and videos the business owner provides. (These images may be of their business, their local community, or images related to their products/services. I have just assumed that they own or have the rights to these pictures/videos. I now realize that they may have taken these images without paying attention to copyright/permissions (and they may even have "inherited" them from another source and genuinely don't know their legal status.

This leads to my 2 questions:

1) Is there a reliable service/website that I can use to screen images for their copyright or protection status?
and
2) When inevitably something sneaks through, what type of insurance can I acquire that would protect me from a genuine mistake where I use an image despite my best attempts to play by the rules.

Bonus points if you're willing to share the company you use for your insurance and the specific type of policy you got that would cover such things. Thanks in advance.

 

[JeffClevelandTN]

#1) I'd suggest trying Google Lens. It has many more applications than just a web search for photos, but it does a really good job of this. It may actually just be easier to install the app on your phone and take a picture of the picture. It does a very good job of identifying stock photos and/or photos used on other websites, plus it is free. Also, it is fun to play with, you can take pictures of plants, bugs, animals to help identify. You can also take a picture of things to find out where you can purchase it.

2) You absolutely need what is called E&O insurance (Errors & Omissions). If you are a professional website developer, or do any type of digital marketing, I personally don't consider this as optional coverage. If you currently have business insurance and your agent did not recommend E&O then you may want to find another agent. Keeping it short, just google "What is E&O insurance". A proper policy will cover legal expenses when necessary. In regards to the insurance carrier, that will be dependent on several factors: the size of your business, total sales, previous claims, what services/products you offer, where your customers reside (USA and/or international), etc. Most insurance carriers will have you to fill out a questionnaire and then they'll match you up with the best carrier.

Lastly, if you do find the client is providing you with illegally obtained content, you should consider getting a Waiver of Liability form that is signed by your client in regards to any photos/videos he/she provides to you. I'm not a lawyer so you should consult with one in regard to this.

Best of luck!

 

[Conor Treacy]

Same as Jeff suggested. The only addition (and his recommendation of a Waiver covers it), but we require a signature when we start web design contracts, in it, it has a clause about the use of the materials being the business owners or used with permission etc.

Our SEO Contracts have similar wording in that the material they provide is assumed to be their original content or used with permission. Then the usual indemnify/hold-harmless etc etc.. E&O and Professional Liability Insurance cover a lot of ground for web designers and marketers.

For insurance, if it helps, we use The Hartford for the past 10 years?

 

[SmokyGBP]

Many thanks to both @JeffClevelandTN and @Conor Treacy for your suggestions. I'd welcome any other comments, but I'll get started with this.