Comments on: Who Owns the Copyright?

By: lhern

lhern — Wed, 08 Jul 2009 20:57:58 +0000

A client went directly to the printer for a reprint of a project I created for them. The printer’s files were lost in a computer crash. The printer is contacting me for the native files. Who owns the files? Can the client request a reprint without first asking the designer’s permission and then negotiating payment. Who should be contacting the designer for the native files?

By: Gini Weslowski

Gini Weslowski — Tue, 31 Mar 2009 04:10:16 +0000

I am part of a committee- with no legal structure- raising money for local hospital. The committee needed a logo, so one of the members came up with a rough sketch. I took the sketch and reworked it , added text and created several treatments for t-shirts and signs. We have been using the end result for several months. Now, the committee is disbanding and there are several different opinions on what should happen in the future. The question is, who owns the copyright to the logo and/or treatments? The person who did the original sketch only? Do I have some rights to it?

By: Jean Perwin

Jean Perwin — Mon, 23 Mar 2009 15:05:35 +0000

Yes.

By: Alistair Banerjee

Alistair Banerjee — Sat, 21 Mar 2009 04:30:21 +0000

Hello,
I have an email from the designer that states that I own copyright to the logo but that they own the right to put the logo in his portfolio of his company website. He operates from outside the US & did send me the original digital files! Does this mean that I can trademark the logo in the US without any issue?
Thanks

By: Jean Perwin

Jean Perwin — Mon, 09 Feb 2009 21:38:46 +0000

You still own the rights to your design, but that may not the end of the story. You sold to Company A a specific set of rights. When a company is sold, usually the buying company buys any rights owned by the selling company. If Company B had the rights to use your design that it bought from Company A, it can sell whatever rights it has to Company C. Company C doesn’t have to buy the same rights again if it bought them from Company B. But, if Company C did not buy those rights from Company B or wants additional rights such as a full buyout of the design or to use the design in a different way than was originally authorized, then you have the right to sell it to them. They key here is what each company bought from the other and whether the usage is the same by all the companies.

By: Phil

Phil — Mon, 09 Feb 2009 20:40:07 +0000

Hi Jean,

I’ll try to keep this from getting too confusing. Wish me luck!

I created and sold design work to company A. Then company A resold it to company B. Now, company B is being purchased by company C. Company C wants to buy the designs that I originally sold to company A. It seems like I still own the rights to the design and am, therefore, entitled to selling them again. Is that correct? No agreement was made with company A to turn over the copyrights.

Thanks for your help,

Phil

By: Jean Perwin

Jean Perwin — Wed, 17 Dec 2008 18:53:28 +0000

Ask away.

By: Patrick

Patrick — Wed, 17 Dec 2008 18:49:41 +0000

I would like to ask a question but I’m not sure if this is the correct spot to put it in or not? Can someone help me out? I have a legal issue regarding copyright that I desperately need answered.

Thank you.

By: Busby SEO Test

Busby SEO Test — Fri, 21 Nov 2008 06:01:30 +0000

What is the case if we engage a designer to design the logo and after that they sell it back to someone with minimal change. Does it also refer to copyright? interesting to know about it.