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Old 04-18-2006, 02:36 PM   #1
MrIzzz
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copyright and ownership question for designs????????

once a designer finishes their work, gets paid, and sends the design to the customer, does the designer have any legal right of ownership? say he creates a logo for the customers letterhead, does he have any right to it later on?
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Old 04-18-2006, 02:40 PM   #2
Cassavetes
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you should have a signed agreement that the job is a work for hire and that ALL rights are transferred to you otherwise he can pull the creator is copyright holder bullshit...
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Old 04-18-2006, 02:41 PM   #3
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Old 04-18-2006, 02:42 PM   #4
MrIzzz
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Quote:
Originally Posted by Cassavetes
you should have a signed agreement that the job is a work for hire and that ALL rights are transferred to you otherwise he can pull the creator is copyright holder bullshit...

i havent had this work done yet, this is actually a friend of mine interested in building a mainstream site for his company. i am just asking here to find out for him
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Old 04-18-2006, 02:42 PM   #5
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Quote:
Originally Posted by Juicy D. Links
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local 5842!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
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Old 04-18-2006, 02:42 PM   #6
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Most designers on here don't use usage rights, or probably even contracts for that matter, but legally the answer to you question is yes, the designer owns all rights to all works, unless full usage rights are granted to you by them in writing.

I don't do much new client work anymore (actually, none), but in the past I would charge according to the usage of the design. If it's just for a Brochure it would be x amount of dollars, if later they wanted to use it for Hats & T-shirts, they would have to pay me more, etc, etc... or if they opt for full usage rights (which most would) I charge them the full price, provide them with camera ready art and/or the digital file depending on how the artwork was created (by hand or by computer), and they can do whatever the heck they want with it. But, it's all in the contract, under Usage Rights.
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Old 04-18-2006, 02:43 PM   #7
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Izzz the broccolis is steaming
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Old 04-18-2006, 02:44 PM   #8
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Quote:
Originally Posted by MrIzzz
once a designer finishes their work, gets paid, and sends the design to the customer, does the designer have any legal right of ownership?
Yes, the designer does, unless you have a signed agreement stating otherwise.
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Old 04-18-2006, 02:44 PM   #9
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Yup. Get a full release signed over to you.
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Old 04-18-2006, 02:44 PM   #10
aico
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Quote:
Originally Posted by MrIzzz
i havent had this work done yet, this is actually a friend of mine interested in building a mainstream site for his company. i am just asking here to find out for him
OH, well if he is creating a design for a company he works for, he is an employee, and they own the rights.
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Old 04-18-2006, 02:47 PM   #11
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Quote:
Originally Posted by aico
Most designers on here don't use usage rights, or probably even contracts for that matter, but legally the answer to you question is yes, the designer owns all rights to all works, unless full usage rights are granted to you by them in writing.

I don't do much new client work anymore (actually, none), but in the past I would charge according to the usage of the design. If it's just for a Brochure it would be x amount of dollars, if later they wanted to use it for Hats & T-shirts, they would have to pay me more, etc, etc... or if they opt for full usage rights (which most would) I charge them the full price, provide them with camera ready art and/or the digital file depending on how the artwork was created (by hand or by computer), and they can do whatever the heck they want with it. But, it's all in the contract, under Usage Rights.

thank you bro this is exactly what i needed to know, my friend is looking for full-usage rights to the design with a signed agreement. now i need to find an agreement contract for him to use
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Old 04-18-2006, 02:50 PM   #12
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Old 04-18-2006, 03:31 PM   #13
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Mr Izz, just find out if that's part of the contract for whoever you will be working with (it is in ours for example).
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