Copywritting Laws? - Page 2

JuggoPop · 02-16-2004, 03:01 AM

Quote:

Originally Posted by Atom

So .... wouldn't "any" drafts sent, be copyright the artist, whether you were hired to create a finished product or not?

Well, I've been hired to help in the process as well as create drafts and brainstom on projects... in those cases, I didn't own the draft, as I was hired to give those to them...

see where I'm going?

also, this is only my personal belief about copyrights as to the way I understand them, if I'm wrong, I'd love someone to explain it a bit better....

- Brian

Atom · 02-16-2004, 03:46 AM

Yeah I see....

I was just thinking... if I was sending someone small drafts as examples of what I could do for them, to secure a verbal agreement of work for hire, couldn't they just say .... nah, I'm going to find someone else.... and then go ahead and use your ideas under the pretense that there was a verbal agreement of work for hire, but you bailed out?

Is the burden upon you to prove that no agreement existed? Or do you retain coptright of all drafts prior to the finished product, reguardless of any verbal agreement? I would like to know the specifics on this if anyone knows.

Maybe the answer is somewhere in the articles of copyright, and I just need to read them all to find it, or maybe the answer was where I have already read, but missed it. I'll have a look after I get some sleep.

Buskerdoo · 02-16-2004, 06:03 AM

My experience is that there is normally no contract and certainly no "sign it over clause." Also, most designers aren't going to consider the work yours until they are paid. Don't know what the law says but would assume that it is not the clients until it is paid for (at least in USA law). Designers are in the business to create logos for their client knowing their clients intentions may be to register the logo as theirs. That's what the designers are getting paid for...

If you are going to send drafts, etc it's best to get a contract. After all, most designers don't give a rip about owning the rights to some companies logo, or catch phrase, or anything else. They want to get paid!