Tortious Interference and Copyright Infringement Risks for Independent Designers and Web Developers
Working as an independent contractor in design or website development offers a great deal of creative freedom, but it also comes with significant legal risks—particularly when it comes to tortious interference and copyright infringement. Many freelancers unknowingly put themselves in legal jeopardy when they accept projects from clients who may not have the legal right to use certain materials.
Understanding these risks is critical. If a client provides you with a design, template, or other creative assets that they have taken—intentionally or not—from another company, you could be held liable for intellectual property violations. Whether it's a logo, branding elements, fonts, website code, or even written content, using unauthorized material could lead to lawsuits, cease-and-desist orders, or financial penalties. This article explores how independent contractors can unknowingly infringe on copyrights, the risks of tortious interference, and how to protect themselves from legal trouble.
What is Copyright Infringement and How Can You Be Liable?
Copyright law protects original works of authorship, including graphic designs, website layouts, logos, written content, images, videos, and even website code. When someone creates an original work and fixes it in a tangible medium—such as a digital file, a published website, or an app—it is automatically protected under copyright law.
As an independent contractor, you might unknowingly infringe on someone else's copyright if your client provides you with materials that they do not have the right to use. The most common ways this can happen include:
Stolen or Unauthorized Designs – A client may ask you to build a website using a competitor’s design as a "reference" but might actually be asking you to copy it directly. If that competitor owns the design, using it could result in legal action.
Stock Photos Without a License – Your client may provide you with stock images from a source like Shutterstock, Getty Images, or Adobe Stock without actually owning a proper license. If you use those images in a design or website, the rights holder could issue a copyright claim against you.
Website Templates and Code – Some clients provide pre-existing website templates, scripts, or code from other sources that may be copyrighted. Even small snippets of code copied without permission can be an infringement.
Fonts and Typography Issues – Many fonts are copyrighted and require licensing. If a client asks you to use a specific font that they found online but did not properly license, you could be liable for unauthorized use.
Logos and Branding Elements – Clients sometimes ask designers to "match" the look of another company’s logo or branding. This could be copyright infringement or even trademark infringement if it confuses customers into thinking the brands are related.
Liability Risks for Contractors
The biggest issue here is that copyright infringement does not require intent. You don’t need to have deliberately stolen a design or piece of code to be held responsible. If you create a website or design using copyrighted material, the original creator can file a lawsuit or a Digital Millennium Copyright Act (DMCA) takedown notice, and you could be ordered to remove the infringing material, pay damages, or face legal action.
Courts have ruled that even independent contractors can be liable for copyright infringement if they reproduce or distribute protected works, even at the direction of a client.
Tortious Interference: What It Means for Contractors
Another major legal risk for independent designers and developers is tortious interference. This happens when your work, whether intentional or not, interferes with another company's business relationships or contracts.
For example, if a client hires you to create a website that directly copies a competitor's branding, design, or proprietary content, and that competitor loses business because of it, they might have a claim for tortious interference with contractual relations or tortious interference with prospective economic advantage.
This legal claim argues that:
A valid business relationship or contract existed.
A third party (such as the client who hired you) improperly interfered with that relationship.
The interference caused damage, such as loss of revenue or reputation.
You knowingly participated in that interference by creating the infringing website or design.
Even if you were unaware of the misconduct at first, if you continue working on a project after learning that it involves unauthorized use of intellectual property, you could be implicated.
How to Protect Yourself from Copyright and Tortious Interference Risks
Given these risks, independent contractors must take proactive steps to protect themselves legally. Here are several ways to do so:
1. Use a Strong Client Agreement
Before starting any work, ensure that you have a written agreement that shields you from liability. Your contract should include:
Intellectual Property Warranties – Require the client to confirm, in writing, that they have full rights to any materials they provide.
Indemnification Clauses – If legal action arises due to the client providing stolen materials, this clause ensures the client is responsible for legal costs and damages—not you.
Clear Ownership Terms – Define who owns the final product and the scope of permitted usage.
2. Verify the Source of All Client-Provided Materials
If a client gives you designs, images, logos, or code, ask where they came from. Do not use the materials unless they can provide proof of ownership or licensing.
For stock images or templates, request proof of purchase or licensing agreements. If the client cannot provide these, suggest purchasing properly licensed materials.
3. Avoid Directly Copying Competitor Designs
It’s common for clients to request that you make their website or branding look like a competitor’s, but this can be a legal minefield. Avoid direct copying and instead focus on creating unique work that achieves the same goals without infringing on another company’s intellectual property.
4. Conduct Reverse Image and Code Checks
To ensure your designs and websites are original, use tools such as:
Google Reverse Image Search – Helps determine if an image is already being used elsewhere.
Copyscape or Grammarly Plagiarism Checker – Scans text-based content for duplication.
GitHub and Stack Overflow Searches – Helps check whether provided code is open-source or privately owned.
5. Keep Documentation of All Work and Communications
If a dispute arises, you need proof that you acted in good faith. Keep records of:
Emails discussing project details and client-provided materials.
License purchase receipts for stock images, fonts, or templates.
Contracts, agreements, and project approvals.
Having these records can be critical if you ever need to defend yourself in court.
6. Obtain Business Liability Insurance
Some professional liability insurance policies cover copyright infringement claims. If you're working on high-profile projects, it's worth investing in insurance that can cover legal costs if you're sued.
7. Consult an Attorney When in Doubt
If a client asks you to use questionable materials or directly copy a competitor, it’s wise to consult an attorney. A quick legal review could prevent a costly lawsuit.
Stay Proactive to Avoid Legal Trouble
As an independent designer or web developer, your best defense against copyright infringement and tortious interference claims is vigilance. Never assume that a client has legal rights to the materials they provide. Instead, take proactive steps to verify ownership, use strong client agreements, and create original work.
Protecting yourself legally isn’t just about avoiding lawsuits—it’s about building a trustworthy reputation in the industry. By ensuring that your work is legally sound, you demonstrate professionalism and reliability, which can help attract better clients and long-term success.
If you’re an independent contractor and need legal guidance on protecting your work, visit pjlesq.com or call 201-904-2211 to schedule a consultation.
Contact us today to discuss your business or legal matter. Put our 20+ years of legal experience to work for you.
For detailed insights and legal assistance on topics discussed in this post, including litigation, contact the Law Offices of Peter J. Lamont at our Bergen County Office. We're here to answer your questions and provide legal advice. Contact us at (201) 904-2211 or email us at info@pjlesq.com.
Interested in More Legal Insights?
Explore our range of resources on business and legal matters. Subscribe to our podcast and YouTube channel for a wealth of information covering various business and legal topics. For specific inquiries or to discuss your legal matter with an attorney from our team, please email me directly at pl@pjlesq.com or call at (201) 904-2211. Your questions are important to us, and we look forward to providing the answers you need.
About Peter J. Lamont, Esq.
Peter J. Lamont is a nationally recognized attorney with significant experience in business, contract, litigation, and real estate law. With over two decades of legal practice, he has represented a wide array of businesses, including large international corporations. Peter is known for his practical legal and business advice, prioritizing efficient and cost-effective solutions for his clients.
Peter has an Avvo 10.0 Rating and has been acknowledged as one of America's Most Honored Lawyers since 2011. 201 Magainze and Lawyers of Distinction have also recognized him for being one of the top business and litigation attorneys in New Jersey. His commitment to his clients and the legal community is further evidenced by his active role as a speaker, lecturer, and published author in various legal and business publications.
As the founder of the Law Offices of Peter J. Lamont, Peter brings his Wall Street experience and client-focused approach to New Jersey, offering personalized legal services that align with each client's unique needs and goals.
DISCLAIMERS: The contents of this website and post are intended to convey general information only and not to provide legal advice or opinions. The contents of this website and the posting and viewing of the information on this website should not be construed as, and should not be relied upon for, legal or tax advice in any particular circumstance or fact situation. Nothing on this website is an offer to represent you, and nothing on this website is intended to create an attorney‑client relationship. An attorney-client relationship may only be established through direct attorney‑to‑client communication that is confirmed by the execution of an engagement agreement.
As with any legal issue, it is important that you obtain competent legal counsel before making any decisions about how to respond to a subpoena or whether to challenge one - even if you believe that compliance is not required. Because each situation is different, it may be impossible for this article to address all issues raised by every situation encountered in responding to a subpoena. The information below can give you guidance regarding some common issues related to subpoenas, but you should consult with an attorney before taking any actions (or refraining from acts) based on these suggestions. Separately, this post will focus on New Jersey law. If you receive a subpoena in a state other than New Jersey, you should immediately seek the advice of an attorney in your state, as certain rules differ in other states.
Disclaimer: Recognition by Legal Awards
The legal awards and recognitions mentioned above are not an endorsement or a guarantee of future performance. These honors reflect an attorney's past achievements and should not be considered as predictors of future results. They are not intended to compare one lawyer's services with other lawyers' services. The process for selecting an attorney for these awards can vary and may not include a review of the lawyer's competence in specific areas of practice. Potential clients should perform their own evaluation when seeking legal representation. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.
Comments