Advice for greeting card designers
With the holiday season fast approaching, card designers will be busy producing the latest festive greetings. As it can be one of the busiest times of the year, stress levels can be higher and mistakes can easily happen.
A small oversight could lead to a big problem. Has the correct font been used? Do you have the correct license for that image? Was a design plagiarised? These issues and more, lead to a potential claim being made against you for negligence or copyright infringement.
In 2019 a case was brought to court where the plaintiff, LovePop, Inc. (“LovePop”) who produces three-dimensional pop-up greeting cards “alleged that PaperPopCards Inc. (“PaperPop”) “slavishly copied” each of nine LovePop designs and that six of the designs appear in instructional videos posted on PaperPop’s website”.
“LovePop sued for infringement of its copyrights in the designs and related videos, claiming that PaperPop had produced impermissible “derivative works” within the scope of LovePop’s exclusionary rights. The Court concluded that “it is entirely plausible that an ‘ordinary observer, unless he set out to detect the disparities, would be disposed to overlook them, and regard their aesthetic appeal as the same.’” Accordingly, the Court denied the motion to dismiss for those designs.” *
Having professional indemnity insurance in place could provide you with peace of mind, knowing that you are covered in the unfortunate event of a claim.
Professional indemnity cover for designers
At CNA Hardy, we have a specialist team of underwriters across the UK and Continental Europe; over 20 industry specific wordings solutions; and Lloyd’s capability to write broker wordings. Our Professional Indemnity cover is tailored to meet the needs of the individual client.
Find out more about our specialist PI capabilities, core appetite and covers here.
Carly Walters
Professional Indemnity Underwriter
*Text quoted from: https://www.lexology.com/library/detail.aspx?g=f85b2bff-30b2-4d57-9574-82f5f9b22134