Can Third Party Change Artwork?

[Cherie]

A customer said he purchased my mugs last year but they had a different design on them, a family crest. My image is of Michigan. It says '3rd party' on the record of sale. Customer is asking me for that family crest artwork, which I don't have. Could it be that the third party offered it on my mug?

Thanks!

[Beth]

 @Cherie Can you please provide the link to the item, so that I can check into this further for you? 

Kind Regards,

Beth 

[Cherie]

Yes, thank you. He wants me to hold the order and wants to know how to send me the artwork for it! I told him to contact customer service! He said it's a family crest but has a 'long story to it' which makes me wonder if there would be a copyright issue. Ugh.

https://www.zazzle.com/americana_grunge_michigan_state_beer_stein-168484058111551177?context=1145290...

[Cherie · Accepted solution]

Update: customer is a designer, he is all set with his order. It has shipped already and he is fully aware of design/artwork copyright etc. 

I feel the question then is completely answered, third party can change the artwork. Hopefully it won't ever be a copyright issue that becomes my problem if someone uses my original product.

Thanks for all your help, everyone! Have a fine day!😁

[ColsCreations]

But the customer/designer who ordered your mugs last year with the crest on them, is he the one who added the crest image to them or not? That wouldn't make sense as he wouldn't have needed to ask you for the image now. So maybe a family member customized the mug with their personal family crest and sent them the link and somewhere in the process the customer picked up a Zazzle cookie making it a 3rd party sale?

[ColsCreations]

Yes. I put a random image on your mug and then used the Share icon to get the link to copy, which when clicked gives my customized version with my referrral ID.

https://www.zazzle.com/z/aowzuk18?rf=238499276722080691

Here's another example where I changed the default "boxer" to "poodle"

https://www.zazzle.com/z/a7sesh06?rf=238499276722080691

I think this is useful for affiliates who may want to target a certain group, or even just regular shoppers who might say customize something with a family name/image and then share it with rest of family so they too can buy it.

I think as long as the person isn't trying to claim it as their original work, and you're getting credit for the sale, it's fine. The gray area though is that as a designer, the idea that someone can change your work and then put it out there with your name to it still, that's kind of uncomfortable. And then the situation like yours, where whoever bought it doesn't realize it's a customized version and you as the orig designer doesn't have, or even know about, whatever was changed on it.

[Cat]

Thats very interesting! I was once contacted by a customer who wanted me to make something for her using an elephant graphic from one of my baby shower invites. So I made it for her and then she claimed it was the wrong elephant! She sent me a low resolution image of a completely different elephant that I'd never seen before, claiming that was the "original" elephant! She kept insisting that I'd changed the elephant and I was thoroughly baffled by the entire situation - I actually thought she was off her rocker! But maybe that's what happened. Hmmm.... Good to know that's a possibility!

[Cherie]

Thank you, all correct! I don't feel comfortable trying to customize this mug with artwork I am not familiar with, for sure.