It doesn't exactly work like that. I wish I could find my notes right now, I have a half-written blog on copyright issues for clients that I did a bunch of research and found these cases. Anyway, you don't get to just say sorry and move on. You're liable for damages whether you knew about it or not. You can, of course, go after the designer if they're not outside your reach (international or hidden behind an anonymous online identity) but it's a real issue. As a designer, I have to know about this stuff because I can be sued if a client gives me something they don't have permission to use and I do. There are, of course, a number of issues that could effect the outcome including if the copyright is registered and if they're willing to go through the effort to go after you but it's a danger that shouldn't be ignored. (I am not a lawyer. I just have a healthy fear of them.)
> The process you're advocating, with the specific bells and whistles you're mentioning, starts at $5000. No sale. Could you instead give him some advice that involves a more effective use of $500?
Not always. My wife and I are both designers. Many of our friends are designers. We do a lot of on-the-side work with small budgets that would give a much better result for the same cost. Sometimes one of us will come home from doing something during our 9-5 for a huge multi-billion dollar corporation to do something for a 1 person startup. Often the startup has more interesting projects and are much nicer to work with. Plus, I don't have to wear a suit, a fake smile and get patted down by under-paid security when I go to meet the CEO of tiny-startup, llc. And as a bonus, most of you guys pay in less than 6 months without having to resubmit form 41824817B with the new PO number to the department that never answers their phones. (I hate corporate work.)