How can small advertising agencies avoid design infringement issues?

Of course, the company compensated. Now the companies are all limited liability companies, and if they can't afford to lose, they will declare bankruptcy, and if they can't afford to lose, they will declare bankruptcy, and if they can't afford it, they will go bankrupt and go to jail. Designers are just laid off at best.

But if the designer hides it from the company, it's a different matter, and the responsibility is the designer's.

It's best not to advertise with things that have copyright disputes. The template can be used, but you have to change it, you can't just use someone else's logo and text content. But the plate type can be borrowed.

Generally, small advertising companies do things, and they should state that what you provide is a production service, and all materials should be provided by customers, and if the materials involve infringement, the customers themselves are also responsible.

As you said, you charge a labor fee, not a material fee, so there is no factor in buying and selling materials. When using a certain material, you should explain to the customer the risks of changing the material, such as the consequences of infringement, etc., and if the customer insists on using it, you should continue to use it.

This is similar to the fact that consignment sales are often complained of infringement, and it is also very difficult for small businesses. However, many intellectual property issues can be circumvented.

2: Independent innovation. Make products with your own style, and make your own best.

3: Do intellectual property protection. Apply for trademarks, patents, and soft works for yourself to protect your intellectual property rights. Regarding the protection of intellectual property rights, you can go to Xiaoxiang Intellectual Property and other intellectual property disseminators** to learn about relevant knowledge.

Finally, the most important thing is to enhance your own intellectual property awareness!

Your advertising agency deals directly with the client, and the designer is just your part-time worker, and if something goes wrong, it's also a conflict of interest between the two companies.

Legal Analysis: Where advertising agents or advertisement publishers clearly know or should know that advertisements are false, but still design, produce, or publish them, the administrative departments for industry and commerce are to confiscate the advertising fees and impose a fine of between three and five times the source of the advertising costs, and where the advertising costs cannot be calculated or are clearly low, a fine of between 200,000 and 1,000,000 RMB is to be given. Where there are three or more violations within two years or there are other serious circumstances, a fine of between 5 and 10 times the advertising costs is to be given, and where the advertising costs cannot be calculated or are clearly low, a fine of between 1,000,000 and 2,000,000 RMB is to be given, and the relevant departments may suspend advertising publication operations, revoke business licenses, or revoke advertising publication registration certificates.

Legal basis: Civil Code of the People's Republic of China

Article 120:Where civil rights and interests are infringed upon, the infringed party has the right to request that the infringer bear tort liability.

Article 183:Where the infringer suffers harm as a result of protecting the civil rights and interests of others, the infringer bears civil liability, and the beneficiary may give appropriate compensation. Where there is no infringer, the infringer has escaped, or is unable to bear civil liability, and the victim requests compensation, the beneficiary shall give appropriate compensation.

Article 1167:Where the tortious conduct endangers the safety of others' persons or property, the infringed party has the right to request that the infringer bear tortious liability such as stopping the infringement, removing obstructions, or eliminating dangers.

Article 1168:Where two or more persons jointly commit an act of infringement, causing damage to others, they shall bear joint and several liability.

You're asking the right question to the right person, let the star of knowledge come to you!

1. The poster designed by the advertising company you commissioned meets the definition of a work in Article 3 of the Copyright Law.

2. If you and the advertising company have agreed on copyright issues in the contract, follow the contract. If there is no agreement, according to Article 17 of the Copyright Law, the copyright belongs to the advertising company.

Legal basis: Copyright Law of the People's Republic of China.

Article 3: "Works" as used in this Law includes works of literature, art, natural sciences, social sciences, engineering and technology, and other such works created in the following forms:

1) Written works;

2) oral works;

3) Drama, opera, dance, and acrobatic artworks;

4) Works of fine arts and architecture;

5) Photographic works;

6) Cinematographic works and works created by methods similar to those used to make films;

7) Engineering design drawings, product design drawings, maps, schematic drawings and other graphic works and model works;

8) computer software;

Yu Mu 9) other works stipulated by laws and administrative regulations.

Article 17: The ownership of the copyright of a commissioned work shall be agreed upon by the client and the trustee through a contract. If the contract does not expressly stipulate or no contract is concluded, the copyright belongs to the trustee.