ownership of design
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- ukit
Is it true that designer always maintain ownership of their design until the point where it is specifically signed over to the client?
- TheBlueOne0
You mean as a freelancer / independent agent?
- ********0
if you are emplyed by someone as a designer, your employer owns your designs.
- ********0
that's what 'they' say.
- ukit0
As a freelancer, yea
- Then, depending on the contract, you retain ownership I believeTheBlueOne
- Josev0
Unless the rights are assigned to the client in a contract, you own the design
- zenmasterfoo0
End of the contract, your client could basically (and more often than not does), ask for all the art files. MINE!
- Scotch_Roman0
Copyrights are usually signed over to the client upon project completion and final payment. If the contract is terminated, the design firm keeps all copyrights.
The design firm owns the intellectual rights, but employees may display the work in a physical or online portfolio, provided that due credit is given. The only time this is not possible is when the designer signs away their rights to the aforementioned firm.
Believe me. I've researched this thoroughly. Not sure about elsewhere, but such is the state of affairs in the U.S.
It's good to ask your employer for self-promo rights to the work, but if they refuse there is really nothing they can do to come after you... that is unless you've signed your life away, of course.
- At General Motors Design we had to sign away all rights (product plan security), so nothing for the portfolio unless it hits the road...ribit
- .. it hits the road or they release design process stuff to the press.ribit
- That sucks. I'd never work for someone who made me sign for that.Scotch_Roman
- people who want to design cars are all 'yeah whatever..'ribit
- DCDesigns0
What about as a freelancer you do a t-shirt design for a client, and later you find out they have made the design into a key chain, print it on a hat, and other products as well. Nothing specified on the invoice or in a contract. Any recourse???
- Scotch_Roman0
I've never had a client ask me for art files. Why on earth would they need them? It's my job to keep it all on archive.
- exactlymonospaced
- uh huh... if the client asks for all the art files, they may hire a student to do "modifications" and "enhancements" ?!?vaxorcist
- armsbottomer0
you own the rights to any form of articulation of an idea at the moment of creation, as u.s. citizen . once you give rights to a client, they own it.
- Corvo20
Funny enough, it all ends on your own country's border, unless you trademark it internationally for a lot of cash annually.
Imagine this: apart from good-will and self-respect, what really stops a company you worked for in the US from contracting a design service in another country even if it looks almost exactly like yours?
I never looked upon this too deeply, but my guess is that, presently, if you really want to steal someone else's work all you need is a contract/receipt from abroad.
- You don't have to register a trademark to have rights in it internationally. Registering helps of course.ribit
- So, if I decide to steal your website and your work what will you do?Corvo2
- take action through your webhost, domain registrar, then maybe legal action.ribit
- Well maybe because we're in the EU... But imagine I register my company in Sudan, Egypt, Norway or Argentina.Corvo2
- I still can take action re hosting and domain registrar. Legal action just more complicated...(never got that far)ribit
- And what if my web host is in the US but my work is trademarked in Lebanon? See? It's complicated.Corvo2
- ..far yet, but have had success getting sites taken down for copyright infringement)ribit
- You don't trademark your work.. the trademark belongs to the company that uses the mark. You mean copyright?ribit
- I'd chase your webhost in US. The trademark registration in lebanon applies only to use in Lebanon (is it used there?)ribit
- ...unless your trademark registration is for a region (does Lebanon offer that?)ribit
- Yes, I mean copyrights: e.g. you can trademark IP here (say EU), but you can't be sure it works the same in another continent, bc law differs.Corvo2
- but really not sure what are we discussing, your rights to the trademark, or your rights in the design...ribit
- country because copyrights infringements differ from country to country.Corvo2
- I think you are confusing 'trademark' with copyright and other IP.ribit
- Ok, cross-posting doesn't help either.Corvo2
- Hmmm, I see your point. But what's the value of IP internationally? it needs to be copyright-ed I believe?Corvo2
- And that means getting a trademark...Corvo2
- nooo....
copyright doesn't need to be registered. And trademark is quite a separate thing...ribit - I'm not confusing IP or (c) with TM. You can register a service as a TM here, much like a company.Corvo2
- you get rights to a mark by using it. You can enhance your rights by registration. but this is quite separate to designing a logo..ribit
- ..logo that is then used as a trademark.ribit
- TM assets rights in a trademark. (R) denotes a registered trademark.ribit
- [most confusing note thread ever?]ribit
- vote nowribit
- *TM asserts rights in a trademark.ribit
- look below pls. I've posted a response.Corvo2
- And yeah, I at least am confused right now.Corvo2
- ribit0
I think we're talking mainly about copyright and other IP rights, not really about trademark rights... but you do have rights internationally, it just gets a bit harder to take action when its international...
- version30
my contracts sum up to they have purchased code/design/apps from me for their use specifically detailing how the site and its components may not be sold or transferred to new ownership. say you sell your restaurant and we made the site, the site does not go with the sale of said restaurant
- Corvo20
Around here we use ® for any product/service. You do the registry for your activity, but not the subsequent products.
For example: if I want to create a brand of t-shirts named Corvo2, I just register my brand as Corvo2®. I do t-shirts. But the content of what I print in Corvo2® t-shirts is not encompassed by our Law, so I could just print your website in my t-shirts because my ® is not coincidental with your TM. See? Between countries, there's a lot of work to do when it comes to IP.
That sais, I honestly vacillate between what's right or wrong, because I think we don't some sort of EU fascist rule to tell you how inventive you should be or not.
I think we don't need more norms.
In short, and theoretically, If you can copy my work, well then go ahead you pig flu. I rather rely on good-will of people than having a bunch of rules telling me what to do.
And oh, hey, give me the Escudo back.