#ImageLicensing #LegalProtection #WorkplaceEthics
Hey everyone, I could really use some advice on a sticky situation I’ve found myself in at work 🤔. So, my boss is asking me to use a stock image that is not licensed for the specific commercial creative use he wants it for. Yikes!
Here’s a quick rundown of the details:
– The image features a product from a well-known luxury brand.
– I raised my concerns to my boss, but he brushed them off.
– My HR manager wasn’t much help either, but advised me to document everything 📝.
Now, I’m feeling stuck between a rock and a hard place. My job could be on the line if I push back, but I also don’t want to potentially face legal consequences. 😩
Here are my burning questions:
1) Would I be personally liable if legal action is taken for using the image?
2) Will documenting everything really provide me with legal coverage?
3) What other steps can I take to protect myself in this situation? 🤷♀️
Any advice or insights would be greatly appreciated! This is a tough spot to be in, and I want to make sure I handle it as responsibly as possible. Let’s brainstorm some solutions together! 💬🤝
This is a sticky situation and I have no recs for you. You may need a lawyer to chime in.
The only point I’m making here is that future employers will not look kindly or even understand you not being compliant with laws and ethical policies. Wishing you the best outcome.
Commenting to help create visibility and to follow because I wanna know how this is resolved.
As an employee I ran into this. I outright refused. My boss’s boss was livid, he turned red and started yelling at me. I interrupted and said “I am unwilling to do anything illegal, so no.” He said ” you’re fired!” I said ” fine, I’ll let the president know.” I marched up to his office, told him I just got fired for refusing to do something illegal and he took care of it. I was never asked again.
You need to escalate this.. don’t listen to your manager. If he fires you, you have a good grounds for a lawsuit. Document everything. Forward all emails to a personal account.
this won’t be a crime; there won’t be jail time.
It’ll be tort (civil case). The other company will need to file civil charges and ask for damages. And they will go after the person who has the deepest pockets.
Probably not you. No guarantee, of course. But it’s highly unlikely. If anything, they’d rely on you as a witness that the illegality was clearly communicated.
You could argue that you were coerced, because your pushback was met with anger.
If you’re really worried, and outside lawyer might be useful, but that might take time you don’t have.
So I might write an email to HR and to the top person at the company, and to any legal representative the company might have.
Lay out the timeline, lay out the legal problem, lay out your boss’s response, and then say that if none of those people correct this, you will have no choice but to follow your boss’s directions to violate copyright laws, because you are afraid he is going to retaliate against you if you don’t.
Keep copies everywhere.
seems like you like being taken for a ride with all these ‘word of mouth’ responses you’re getting.
it’s easy to take advantage of you and everybody you’ve spoken to knows it.
you need to find a copy of the copyrighted media policy your company has, and follow it.
if your boss is asking you to do something illegal, or against your own company’s policy and threatening your job security/implying retaliation you need to go to your state’s employment office to file a complaint.
Commenting for visibility 🙏🏽
Do it, keep your job, and document everything to cover your ass. The company’s exposure here is a copyright lawsuit, no more, no less. They’ll probably settle with the stock agency for a nice round number.
None of this should land on your back. If you want to make someone pay, notify the stock agency from a burner account after the work is out in the world.
Your boss is a moron. The fact that you brought it to their attention and they went forward anyway makes it worse for them should it come out. Don’t do it. Go above his head or tell him to do it himself.
I’m not an attorney but well-seasoned in this area. The issue is always murky. If you want to PM me the link to the image I’ll review the license terms and give a second opinion?
Document, document, document. Get your resume out there and hope for something to drop into your hands.
Possible courses of action:
Email the boss who wants you to STEAL that image. Ask ,politely of course, “Boss, are you absolutely certain you want to use this image even though it isn’t licensed for commercial use? Just reply to the email yes or no please.” BCC: to a personal email, and to the HR lady IF you think she can be trusted. Now you HOPE your boss comes to his senses when he realizes he has to put it in writing.
Alternatively, put the image together they way he want’s. HOWEVER, using about a 80-90% transparent overlay include the words “Used without license by the direction of <your bosses name>”
Consult a labor attorney. Then say no.
i had a boss long ago that would build macros for 123 then package it and sell it as his own software he was getting sued literally once a year by Lotus. He paid the 80k each time and wrote it off as COB. Never learned the lesson
That sounds like the story of my life. In my line of work, they endlessly want me to do things that are unethical, lie, falsify documents, and ‘look the other way.’ I work in an industrial setting where people can get hurt. If you don’t, they will find a reason to fire you, and you won’t have a leg to stand on, because it is ’employment at will.’ That’s capitalism.
All of these stupid comments are laughable. Going ‘over your bosses head’ never works. He will always be right, and you will always be wrong. I have never seen a boss or company take responsibility or admit guilt for anything….Have you? There are almost no laws protecting employees. The laws that do exist, employers can easily find a way to get around them by listening to their clever lawyers. The system is designed this way.
Document it and refer it to your legal department, if you have one. They will squash the fuck out of this, or else buy the necessary rights.
If there isn’t one…
Consult with an employment attorney. You may have legal protections when instructed to violate the law.
If you’re fired for refusing to break the law, you should be eligible for unemployment regardless.
Don’t assume you’re protected from copyright claims unless a lawyer tells you so. Your “measures” may be meaningless, and they may actually prove that you ***knowingly*** broke the law.
Have you tried…getting consent? Lol
Also, lol I am quick to walk out lmaooooooo
After the way I’ve been treated in this life I have zero fks to give.
Ur boss is a pos and a thief smh
Just don’t do it. I refuse to do anything illegal, immoral, unethical if my boss or anyone tries to get me to. I’ve had a coworker who belittled my concerns, then do it, and they were arrested for doing what the boss told them to. I made sure to tell the police the boss told them to do it, and had tried to get me to commit the crime (so the boss got arrested, too).
Nothing like being sued and losing everything you own to ruin your day. I mean, I’d rather work a menial job that go through that nonsense!
And, to answer your question, you would be held legally responsible, because you’re the one who would be committing the crime. Your boss knows this and doesn’t care. I’d be concerned they are doing this to you on purpose. Of course they don’t care if the other company sees, you’re the one who will be found guilty, not your boss!
Email get in writing
“I’d be happy to commit copyright infringement at your direction, feel free to put that request in writing and I’ll get right on that.”
Same way I protect deez nuts
Nothing you said is wrong. I’d not criticize you ever for being unwilling to do something that infringes copyright without what you feel is adequate protection.
I just want to say that from your description the chance of any legal action taken beyond a cease and desist (like your unlikable boss said) seems very low. And that were a civil case filed by the infringed party, they would be going after the legal person with demonstrable authority over the act AND insurance coverage. Because insurance companies have money, and they settle. They don’t want to sue you, because that just doesn’t pay.
Again, doesn’t change the other facts here but as someone who has seen a lot of professional infringement and bad behavior under corporate liability coverage, I don’t think your legal exposure is anything to keep you up at night here.
Just maintain a paper trail as you’ve been advised and likely been doing already.
Is your company big enough to have corporate counsel? This would be a good time to consult them…before the liability exposure.
It’s not just a copyright issue with the stock agency, it’s going to be an issue with the luxury brand whose product is in the image. Enough companies vigorously defend unlicensed use of their IP that doing this kind of thing is a really bad idea.
Make sure you document your manager’s insistence that you do this along with your requests to HR seeking advice wrt your concerns about liability, both your and the company’s, on this matter. CYA emails are great for this: “Per our earlier conversation, I want to note my concerns over the legal issues and liabilities regarding the use of this image …”
If your company does proceed with misusing this image, personally I’d be tempted to not only anonymously notify the stock agency, but also the company that has the product shown in the image.
I think you mean… “Long story long”
Got to publicdomainpictures.net give Piotr $5 and download something similar.
Or lightbox the image and remove brand markings. Can you draw?
I’d then e-mail that you found a similar photo or lightboxed design for the campaign for the reference image since that was copyrighted and this is not and completed the layout. No admission of fault, no finger pointing.
Not a lawyer not legal advice.
When in doubt, don’t. Unless you get a clear legal waiver, don’t risk it.
Your HR person told you exactly your options. Either don’t do it and lose your job, or get it in writing and CYA.
Once it’s in writing as a directive from your boss, you’re pretty much off the hook as any liability is on your company. IF you were in an important role where lives matter and you signing off on it was an actual legal issue such as being an engineer designing bridges or buildings, or perhaps a doctor at a hospital, ya know, lives at risk, then this would be a different story. But you are not, so you will be fine as long as you CYA by getting boss to confirm what direction you should take through email.
ETA the first option should have included get proof of this directive in writing so when they do fire you, you can take em to the cleaners for unfair dismissal.
Paper trail. You might need it.