An interior designer includes in all her proposals a clause that states the following:

"You represent that materials supplied by you to the designer are free from copyright and other restrictions or that you have written permission to use them. You further agree to protect, indemnify, and hold the designer harmless against any claims involving copyright, trademark, or patent-related materials submitted by you."

Why has the designer included this clause? 

Expert Answers

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The designer has included this clause because, as a professional who has creative license, the expected end result is that the designer will create an artistic product.

The artistic product is meant to be a creation of the designer, and not a copy of somebody else's work, trademark, or intellectual creation. This would place the designer in a very compromising situation with the potential of getting sued for copyright infringement, or for plagiarism, among other things.

The client may want something similar to a popular work of art, or creation, but it is the responsibility of the designer to explain why this practice must come with specific limitations. For example, if the client wants to create a campaign using a Coca-Cola-type design (same colors, same font, similar style), the Coca-Cola company must have a written statement that the client has permission to use trademark details from a company who has a history of using the details in the market.

Therefore, the designer will want to indemnify herself from being blamed for using these trademark elements without permission, or as an idea of her own. With the stipulation, the designer makes sure that everything she will employ in her creation is legal, permitted, and that she is released from any responsibility of someone along the line complains about a trademark being copied.

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