Copywritting Laws?

PonDesigners · 02-13-2004, 07:36 PM

Well, I tried posting this in another forum, and it didnt turn out too well, perhaps this area will answer! :-D

I am currently having a logo-design done by one of the members here, and I was wondering, when I get the final product, how can I copywrite it to make sure that no one can use it in any other way? Someone HAS to know. LOL Thanks in advance you guys!!!

StealthNet3000 Admin
Is the one doing it for me.

Thanks in advance!!! :-D

SN3 · 02-13-2004, 07:46 PM

I think this is what you are looking for:

http://www.copyright.gov/register/visual.html

You might want to ask a lawyer first.

PonDesigners · 02-13-2004, 07:52 PM

Forget the lawyer, it would be cheaper for me to ask my collie. LOL I will just mail a copy of the logo along with the 30 bucks as soon as you complete it. :-) Thanks for the link!! :-)

amrpro · 02-15-2004, 02:14 AM

copyrighting

sim · 02-15-2004, 03:30 AM

I dont even see how he would be able to reuse the image after its completely customized for you.

Buskerdoo · 02-15-2004, 02:00 PM

Go here http://www.copyright.gov/help/faq/faq-protect.html and scroll down to protecting name, title, slogan, or logo. I think there are some rules around protecting logos that are differnt from other art? It's been a long time since I've had to deal with it so I'm a little fussy. Might be an issue of protecting a name versus design, but you should definitly look into it a little more to make sure you are covered.

Elysium · 02-15-2004, 11:25 PM

Quote:

Originally Posted by PonDesigners

Well, I tried posting this in another forum, and it didnt turn out too well, perhaps this area will answer! :-D

I am currently having a logo-design done by one of the members here, and I was wondering, when I get the final product, how can I copywrite it to make sure that no one can use it in any other way? Someone HAS to know. LOL Thanks in advance you guys!!!

StealthNet3000 Admin
Is the one doing it for me.

Thanks in advance!!! :-D

Well whoever is making the logo, own's the copyright to it. Unless he legally signs over the "rights" to you, (a copyright agreement ).

After that you would then need to apply to trademark the logo or tag line within your country.

Hope that helped.

PonDesigners · 02-15-2004, 11:31 PM

Where is your information coming from Elysium? Every other link I read said that whoever it is made for owns the copyright.

PonDesigners · 02-15-2004, 11:33 PM

http://www.internet-marketing-resear...yright-law.php

John Scott · 02-16-2004, 12:05 AM

Also:

Quote:

WHO IS THE OWNER OF THE COPYRIGHT IN A WORK MADE FOR HIRE?

If a work is a work made for hire, the employer or other person for whom the work was prepared is the initial owner of the copyright unless there has been a written agreement to the contrary signed by both parties.

http://www.copyright.gov/circs/circ9.html#who1

sim · 02-16-2004, 12:13 AM

Whoever made it owns it untill they sign it over =)

John Scott · 02-16-2004, 12:26 AM

Quote:

Originally Posted by sim

Whoever made it owns it untill they sign it over =)

No, Sim! (Damn you!) In the absense of a contract to the contrary, whoever hired the artist owns it.

:wink:

Atom · 02-16-2004, 12:39 AM

Whether or not it is a "work made for hire", is the key to ownership (unless there is a written agreement to the contrary). If it is, the employer owns copyright. If it isnt, the author (creator) retains copyright ownership.

John Scott · 02-16-2004, 12:46 AM

Artists always seem to have a hard time accepting that law. If they don't like it, they can always put a clause in their contract saying they retain copyright and are simply granting license for a specific use of the work.

I'd never accept a contract like that, but a lot of people don't read contracts.

Atom · 02-16-2004, 12:50 AM

What I'm wondering though is... is the signing of a contract necessary to be considered a "work made for hire"? .... I would think so

John Scott · 02-16-2004, 12:53 AM

Quote:

Definitions of work for hire on the Web:

A type of agreement in which the writer or designer sells the complete rights to a work to a publisher.
www.rainwater.com/glossary/w.html

A work created by an employee in the course of his/her duties, or a commissioned work in which the artist and commissioner agree the work is for hire.
www.washburn.edu/copyright/glossary/

paid writing work usually without a byline and the writer does not own any of the writing or has any claims to it.
http://www.writefromhome.com/writing...ticles/197.htm

Work done under contract to an employer, in which case the employer is considered the creator of the work, and retains its copyright.
handcraftedphotos.com/hcp_stuff/business/photographic_and_artistic_usage_.htm

If a graphic artist is designing a work in consideration of monies paid/to be paid, it would be considered a work for hire, in my opinion.

If money is involved, it's a work for hire. No?

Atom · 02-16-2004, 01:02 AM

well .... yeah..... that makes sense to me ... agree and agreement are used but... without the word "written"... so apparently the agreement can be such without signatures on paper.... in which case sim's statement would be incorrect

so I'm going to edit out the part where I said you are both right /// because it's not true.... sorry sim'r ....

Atom · 02-16-2004, 01:15 AM

Apparently, an agreement can be a fact, without anything at all "written"... so ... if this is the case.... then a "work made for hire" includes, a work "being" made for hire, and is subject to consequent copyright ownership, even without any money being paid... because a "work made for hire" needs only an agreement.

The only thing left, I guess would be, being able to convince the judge that there was an agreement or not, if it came to that.

JuggoPop · 02-16-2004, 01:47 AM

my

once you start working on something for a client, it is work for hire.
The clicnt at that point owns all copyright to the "finished" product that they are paying you to create.
If they never pay you, they still own the copyright, they just don't get the product... so no one can rightfully use it for money gain.
If they pay you, then you hand it over and they use their copyrighted product to make a profit or whatever.

All drafts sent to the client are copyright the artist as they are not what you were hired to create. that is if, "You are hired to create a finished product".

now if someone takes your "work for hire" finished product and uses it without paying you,... it's NOT a copyright infringement it's a breach of contract for payment. They would not be introuble for using the product, but rather the whole different fact that they did not pay you.

- Brian

Atom · 02-16-2004, 02:13 AM

Quote:

Originally Posted by JuggoPop

All drafts sent to the client are copyright the artist as they are not what you were hired to create. that is if, "You are hired to create a finished product".

So .... wouldn't "any" drafts sent, be copyright the artist, whether you were hired to create a finished product or not? (not sure why you added "that is if, you are hired to create a finished product", at the end)

I'm assuming drafts are not considered a finished product.

Juggo quote: "once you start working on something for a client, it is work for hire.
The clicnt at that point owns all copyright to the "finished" product that they are paying you to create."