Copyright Law
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- jobhall
I recently posted a question about selling a logo (see 'Important Logo Question')
I really need some professional advice in this circumstance. Here is the situation:
1. I was approached by a company in a very casual way. They proposed that I come up with some ideas for a logo.
2. I came up with a logo for them which they liked, they then decided to have me do a bunch more work for them. We agreed on a price for that work.
3. At that point, I had a contract drafted pertaining to terms of use, payment, etc. I sent the contract to the company but they refused, time and again, to sign it. I finished the work and eventually got paid. No contracts were ever signed.
4. Now, they want me to sign a contract giving them full copyright priviledges to the logo.
Do I even legally own the copyright? Does 'work for hire' come into play here.
I'd like to keep the logo and company identity anonymous until I figure more out. Thanks
- ********0
even with a work for hire situation you still own the artwork from what I understand.
You should come up with a price for buy out rights to the work don't just sign it away. don't make it outrageous though.
but first call a lawyer...
- ribit0
Owning the artwork (master files) and owning the copyright are different things.. and then there's trademark law...
- jobhall0
well, i own the artwork and i think i own the copyright. i am pretty sure they trademarked the logo though.
???
- GreedoLives0
if it's work for hire, and that was explicitly stated up front, it's gone. It's theirs.
If they refused to sign your contract, but are using your work, you've got grounds for a lawsuit. they can't say it's work for hire if they didn't state that.
Just negotiate a price with them for owning the original art (1 1/2 times what they paid for it is reasonable, unless they're the next fedex or starbucks, then you might wanna keep the door open for more down the road).
If you're talking about a lot of money, go see a lawyer. The GAG has a legal hotline you can call for some nonbinding opinions (http://www.gag.org ;their site seems to be down at the moment?)
- ********0
greedolives is wrong. I specifically read aboput this situation and unless an agreement is signed by the artist to own universal rights, they don't own the rights.
consult a lawyer