LEGAL QUESTION ABOUT DESIGN RIGHTS

Out of context: Reply #8

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  • influence0

    Thanks guys. Sorry about the all caps I didn't think that still applied like it did back in 95.
    Here is the letter we are going to send. V

    Attn: ___
    Well, as you have stated, I hope this issue can be resolved short of litigation, but artists have particular ownership rights which the ( CLIENT NAME ) and a general practice attorney as yourself are most likely unaware of. As a hind sight error in my behalf, a SOW (statement of work) stating the client is paying for the artwork (delivered) and not the working files should have been signed by both parties when the account changed hands. Regardless with no contract submitted from either party, the copyrights reside back to the designer. As for the ( CLIENT NAME ) position on supposedly providing ( STUDIO NAME ) with artwork, that is a false accusation. After, ( STUDIO NAME ) obtained the account of the ( CLIENT NAME ), I myself contacted the previous agency, and requested any files they had for the ( CLIENT NAME ). They held the same rights as I do to the electronic files and were only provided to ( STUDIO NAME ) because of personal reasons. As the ( CLIENT NAME ) legal advisor, Im sure you have no concern in the fact that they are underminding my work by bringing in someone else to simply set up what I have already worked hard on. However, this issue is not worth fighting over and I am more than happy to transfer my rights of all working files for the ( CLIENT NAME ), but this in itself takes a considerable amount of time, which means there will be fees and a surcharge for doing the work. I will require a signed contract, that I will supply acknowleging the fees and the transfer of copyright, that ( STUDIO NAME ) shall continue to have the right to display the work in its portfolio and that I am no longer responsible for the upkeep and archiving of the files. If any future work is required regarding said files, there will be an additional charge to reactivate them. As for the Sept. 1 deadline, it is not realistic. Once a compromise has been reached, 48 hours will be sufficient time to acquire the ( CLIENT NAME ) request.

    Best,

    influence 0Permalink
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