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? What purpose does it serve?
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There are two main reasons why the interior designer has included this clause. One has to do with protecting herself legally while the other has to do with saving time and allowing her to make profit.
The basic need for this clause arises because of a need to be protected from possible lawsuits. By putting this clause in the contract, the designer can help to protect herself from these lawsuits. She is placing the responsibility on the client. If copyright is breached, it is the client’s fault, not hers.
The other need for this clause comes from the fact that the designer needs to make money. If the designer had to research the legal status of all of the materials that the client supplied her with, it would take her a very long time. She might have to pay someone else to do the job. Either way, she would be losing potential profits. By including this clause, she avoids this loss of profit.
By including this clause, the designer is protecting herself from lawsuits and from a loss of profit. She also protects herself from having to tell clients they cannot use certain materials due to copyright or other restrictions. In these ways, she helps her business by including this clause.
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