Godlike Productions - Conspiracy Forum
Users Online Now: 3,473 (Who's On?)Visitors Today: 1,472,603
Pageviews Today: 1,986,604Threads Today: 401Posts Today: 7,844
12:13 PM


Rate this Thread

Absolute BS Crap Reasonable Nice Amazing
 

any Graphic Designers here? Legal question....

 
LA-LA-LA
Offer Upgrade

User ID: 914896
United States
04/25/2010 12:46 AM
Report Abusive Post
Report Copyright Violation
any Graphic Designers here? Legal question....
I helped to design a logo image (Correction - an IMAGE without words, not really logo-logo) for a company's EVENT long time ago (volunteerly, no papers signed. I worked there as a contractor at a different position, so I was asked to help.) Event didn't take place, but I saw this company use the image in some email correspondence later (for another unrelated thing).
Do I still own this image legally, as an designer?

Last Edited by LA-LA-LA on 04/25/2010 10:27 AM
Anonymous Coward
User ID: 774389
United States
04/25/2010 12:47 AM
Report Abusive Post
Report Copyright Violation
Re: any Graphic Designers here? Legal question....
if you can prove it is your design you may be entitled to $ but you will have to hire a lawyer and have documented proof
LA-LA-LA (OP)

User ID: 914896
United States
04/25/2010 12:48 AM
Report Abusive Post
Report Copyright Violation
Re: any Graphic Designers here? Legal question....
if you can prove it is your design you may be entitled to $ but you will have to hire a lawyer and have documented proof
 Quoting: Anonymous Coward 774389



I have all the files on my computer (from starting to finishing point). I don't want money, I just want to make sure I can use this image anywhere else I wish without any problems.
And I want to let those people know that I'll be doing so, and that they can't use it anymore...

Last Edited by LA-LA-LA on 04/25/2010 12:50 AM
Anonymous Coward
User ID: 774389
United States
04/25/2010 12:50 AM
Report Abusive Post
Report Copyright Violation
Re: any Graphic Designers here? Legal question....
I would go ahead and use it then...if you have it dated as to when it was created originally...if thhis company wants to be stupid, they may claim the made it, but you will have to prove you did it first.
LA-LA-LA (OP)

User ID: 914896
United States
04/25/2010 12:55 AM
Report Abusive Post
Report Copyright Violation
Re: any Graphic Designers here? Legal question....
I would go ahead and use it then...if you have it dated as to when it was created originally...if thhis company wants to be stupid, they may claim the made it, but you will have to prove you did it first.
 Quoting: Anonymous Coward 774389


This is a small non-profit company, they may be just ignorant or think that they own the image because in their minds, I 'gave' it to them.
Nothing was ever signed, I volunteerily gave them an image. I just want to see where I stand legally with this. I may want to use the image for a poster or license it, so I want to make sure to do it right.
I still have all the dated email correspondence between them and I ....them asking me to do a logo, me sending them samples, agreeing on a final images, etc....

The big question I have is, since I let them use the image, do they now own copyright?

Last Edited by LA-LA-LA on 04/25/2010 01:01 AM
Anonymous Coward
User ID: 946322
United States
04/25/2010 12:59 AM
Report Abusive Post
Report Copyright Violation
Re: any Graphic Designers here? Legal question....
I would go ahead and use it then...if you have it dated as to when it was created originally...if thhis company wants to be stupid, they may claim the made it, but you will have to prove you did it first.


This is a small non-profit company, they may be just ignorant or think that they own the image because I gave it to them.
Nothing was ever signed, I volunteerily gave them an image. I just want to see where I stand legally with this. I may want to use the image for a poster or license it, so I want to make sure to do it right.
I still have all the dated email correspondence between them and I ....them asking me to do a logo, me sending them samples, agreeing on a final images, etc....

The big question I have is, since I let them use the image, do they now own copyright?
 Quoting: LA-LA-LA

"...because I gave it to them"
admission and no legless
Anonymous Coward
User ID: 946322
United States
04/25/2010 12:59 AM
Report Abusive Post
Report Copyright Violation
Re: any Graphic Designers here? Legal question....
no = now
LA-LA-LA (OP)

User ID: 914896
United States
04/25/2010 01:00 AM
Report Abusive Post
Report Copyright Violation
Re: any Graphic Designers here? Legal question....
I would go ahead and use it then...if you have it dated as to when it was created originally...if thhis company wants to be stupid, they may claim the made it, but you will have to prove you did it first.


This is a small non-profit company, they may be just ignorant or think that they own the image because I gave it to them.
Nothing was ever signed, I volunteerily gave them an image. I just want to see where I stand legally with this. I may want to use the image for a poster or license it, so I want to make sure to do it right.
I still have all the dated email correspondence between them and I ....them asking me to do a logo, me sending them samples, agreeing on a final images, etc....

The big question I have is, since I let them use the image, do they now own copyright?

"...because I gave it to them"
admission and no legless
 Quoting: Anonymous Coward 946322



meaning 'I let them use it', not gave them for the rest of their lives
Anonymous Coward
User ID: 952406
Australia
04/25/2010 01:00 AM
Report Abusive Post
Report Copyright Violation
Re: any Graphic Designers here? Legal question....
legally the image is now theirs. you did the work for them, gave it to them and now they own it. you can still show it off on your portfolio etc but legally they can do what they please with the image seeing they own it
Anonymous Coward
User ID: 896722
United States
04/25/2010 01:01 AM
Report Abusive Post
Report Copyright Violation
Re: any Graphic Designers here? Legal question....
I helped to design a logo image for a company's event long time ago (volunteerly, no papers signed. I worked there, so I was asked to help.) Event didn't take place, but I saw this company use the image in some email correspondence later (for another unrelated thing).
Do I still own this image legally, as an designer?
 Quoting: LA-LA-LA


NO! You worked for them, THEY own the copyright.
LA-LA-LA (OP)

User ID: 914896
United States
04/25/2010 01:03 AM
Report Abusive Post
Report Copyright Violation
Re: any Graphic Designers here? Legal question....
I helped to design a logo image for a company's event long time ago (volunteerly, no papers signed. I worked there, so I was asked to help.) Event didn't take place, but I saw this company use the image in some email correspondence later (for another unrelated thing).
Do I still own this image legally, as an designer?


NO! You worked for them, THEY own the copyright.
 Quoting: Anonymous Coward 896722


My job with them was NOT as a graphic designer, but as a totally different thing. This was a 'help out type' of thing because they asked. Like a 'friendly volunteer', not as a contractor. I helped to design it for free to let them use it for this event. But event never took place...it was a couple of years ago.

Last Edited by LA-LA-LA on 04/25/2010 01:07 AM
NAVI PENN
User ID: 952307
United States
04/25/2010 01:06 AM
Report Abusive Post
Report Copyright Violation
Re: any Graphic Designers here? Legal question....
Simp collages for NO-MEN
ZTE

User ID: 779033
United States
04/25/2010 01:07 AM

Report Abusive Post
Report Copyright Violation
Re: any Graphic Designers here? Legal question....
I'm a photography/video editor, but I work for myself and I'm contract labor for several magazines and websites.

So, they pay me to do whatever they want, and anything I do on the clock is considered their property. Now if I created an image at home, then suggested they use it, but they refused. Then I saw them using it a year later, I would then take legal action (or tell them to pay for its use).

I've had pictures I took appear in magazines I've never worked with before, and every time I call them and tell them to pay up (and they do).

People and companies are so afraid of lawsuits these days you probably could get some money out of it, but personally, I don't think you have much of a case.
If you can justify killing one man, you can justify killing every man.

The Greatest Lie is the one never told, but assumed.

History isn't a measure of our successes, but the compilation of our mistakes.
LA-LA-LA (OP)

User ID: 914896
United States
04/25/2010 01:12 AM
Report Abusive Post
Report Copyright Violation
Re: any Graphic Designers here? Legal question....
I'm a photography/video editor, but I work for myself and I'm contract labor for several magazines and websites.

So, they pay me to do whatever they want, and anything I do on the clock is considered their property. Now if I created an image at home, then suggested they use it, but they refused. Then I saw them using it a year later, I would then take legal action (or tell them to pay for its use).

I've had pictures I took appear in magazines I've never worked with before, and every time I call them and tell them to pay up (and they do).

People and companies are so afraid of lawsuits these days you probably could get some money out of it, but personally, I don't think you have much of a case.
 Quoting: ZTE



I don't really want the money, I just want to use my image for myself, the way I want it..., and tell them 'politely' to stop using it. But first, I want to make sure that I have legal grounds.
I designed this image at home, on my own time, for free to help them out. We never signed any papers, I asked them to mention my name and link if they use my image...They never did, as far as I know...
In my case, what does it look like from legal stand point?
ZTE

User ID: 779033
United States
04/25/2010 01:18 AM

Report Abusive Post
Report Copyright Violation
Re: any Graphic Designers here? Legal question....
I don't really want the money, I just want to use my image for myself, the way I want it..., and tell them 'politely' to stop using it. But first, I want to make sure that I have legal grounds.
I designed this image at home, on my own time, for free to help them out. We never signed any papers, I asked them to mention my name and link if they use my image...They never did, as far as I know...
In my case, what does it look like from legal stand point?
 Quoting: LA-LA-LA


Well, you should be good to go from that scenario. If you did it at home, then you can argue you didn't get paid for doing it during work hours. You can always just go ahead and use it. Getting them to stop using it is another problem.

If it's a big problem that they are using it, you can always write the company and tell them to stop using it. However, offer to design another logo (for money) for them to use.
If you can justify killing one man, you can justify killing every man.

The Greatest Lie is the one never told, but assumed.

History isn't a measure of our successes, but the compilation of our mistakes.
LA-LA-LA (OP)

User ID: 914896
United States
04/25/2010 01:26 AM
Report Abusive Post
Report Copyright Violation
Re: any Graphic Designers here? Legal question....
I don't really want the money, I just want to use my image for myself, the way I want it..., and tell them 'politely' to stop using it. But first, I want to make sure that I have legal grounds.
I designed this image at home, on my own time, for free to help them out. We never signed any papers, I asked them to mention my name and link if they use my image...They never did, as far as I know...
In my case, what does it look like from legal stand point?


Well, you should be good to go from that scenario. If you did it at home, then you can argue you didn't get paid for doing it during work hours. You can always just go ahead and use it. Getting them to stop using it is another problem.

If it's a big problem that they are using it, you can always write the company and tell them to stop using it. However, offer to design another logo (for money) for them to use.
 Quoting: ZTE



what if I decide to license the image?

p.s. I appreciate your help, thanks!

Last Edited by LA-LA-LA on 04/25/2010 01:31 AM
ZTE

User ID: 779033
United States
04/25/2010 01:31 AM

Report Abusive Post
Report Copyright Violation
Re: any Graphic Designers here? Legal question....
what if I decide to license the image?
 Quoting: LA-LA-LA


You could go license the image now and just send them a bill every month. But that's not really the ethical thing to do. But if you think it's going to be a problem, just write the company and explain your situation. If they're jerks about it, then get a lawyer to write them a letter.

I've never had a stolen image problem go past a lawyer sending someone a letter. When they get that letter, they tend to be more compliant in resolving the situation.
If you can justify killing one man, you can justify killing every man.

The Greatest Lie is the one never told, but assumed.

History isn't a measure of our successes, but the compilation of our mistakes.
LA-LA-LA (OP)

User ID: 914896
United States
04/25/2010 01:34 AM
Report Abusive Post
Report Copyright Violation
Re: any Graphic Designers here? Legal question....
what if I decide to license the image?


You could go license the image now and just send them a bill every month. But that's not really the ethical thing to do. But if you think it's going to be a problem, just write the company and explain your situation. If they're jerks about it, then get a lawyer to write them a letter.

I've never had a stolen image problem go past a lawyer sending someone a letter. When they get that letter, they tend to be more compliant in resolving the situation.
 Quoting: ZTE


So, in my circomstances, I still own the copyright, correct? They probably think that it's theirs because they asked me to do 'help' design, and I did.
ZTE

User ID: 779033
United States
04/25/2010 01:39 AM

Report Abusive Post
Report Copyright Violation
Re: any Graphic Designers here? Legal question....
So, in my circomstances, I still own the copyright, correct? They probably think that it's theirs because they asked me to do 'help' design, and I did.
 Quoting: LA-LA-LA


Yeah, you own it as long as you can prove you own it. It should have a created date and modified date on the original, if you still have it. Chances are it was created after work hours. But I doubt this will ever come to that anyway. Most people choose the path of least resistance.
If you can justify killing one man, you can justify killing every man.

The Greatest Lie is the one never told, but assumed.

History isn't a measure of our successes, but the compilation of our mistakes.
LA-LA-LA (OP)

User ID: 914896
United States
04/25/2010 01:44 AM
Report Abusive Post
Report Copyright Violation
Re: any Graphic Designers here? Legal question....
So, in my circomstances, I still own the copyright, correct? They probably think that it's theirs because they asked me to do 'help' design, and I did.


Yeah, you own it as long as you can prove you own it. It should have a created date and modified date on the original, if you still have it. Chances are it was created after work hours. But I doubt this will ever come to that anyway. Most people choose the path of least resistance.
 Quoting: ZTE


so, because I 'gave' it to them to use for the event, doesn't automatically take my copyrights away, correct?

My computers shows the creation and modification in 'properties'...It was a digital document, everything done on PC from several layers (I have layers saved too).

In what cases, could artist forfeit their copyright, do you now?

Last Edited by LA-LA-LA on 04/25/2010 01:45 AM
ZTE

User ID: 779033
United States
04/25/2010 01:47 AM

Report Abusive Post
Report Copyright Violation
Re: any Graphic Designers here? Legal question....
so, because I 'gave' it to them to use for the event, doesn't automatically take my copyrights away, correct?

My computers shows the creation and modification in 'properties'...

In what cases, could artist forfeit their copyright, do you now?
 Quoting: LA-LA-LA


The only thing that would take your copyright away is if you signed a contract giving them ownership of the image. The only other argument was that you were paid by them to create the image for them, which you say is not the case.

A lot of times for web content, I'll sell people an image for "x" amount of months/years. Meaning I stop selling that image to other people for x amount of time, but after that time, they must take it down from their website.
If you can justify killing one man, you can justify killing every man.

The Greatest Lie is the one never told, but assumed.

History isn't a measure of our successes, but the compilation of our mistakes.
LA-LA-LA (OP)

User ID: 914896
United States
04/25/2010 02:16 AM
Report Abusive Post
Report Copyright Violation
Re: any Graphic Designers here? Legal question....
if you worked their then they own it..

end of story more than likely..
 Quoting: ^TrInItY^


I worked there as an educator, not as a graphic designer. Because I have artistic skills, they requested me to help them. So I 'volunteered', as their request sounded pretty obligatory...not leaving me much choice.
IT wasn't even a logo, more like an artistic image that can stand on its own without words.
ZTE

User ID: 779033
United States
04/25/2010 02:18 AM

Report Abusive Post
Report Copyright Violation
Re: any Graphic Designers here? Legal question....
I worked there as an educator, not as a graphic designer. Because I have artistic skills, they requested me to help them. So I 'volunteered', as their request sounded pretty obligatory...not leaving me much choice.
IT wasn't even a logo, more like an artistic image that can stand on its own without words.
 Quoting: LA-LA-LA


If it went to court (which it won't), they will say you worked for them. You can say that you did it on your own time at home and recommended it for them. So, like most cases, it's their words against yours unless you have evidence.
If you can justify killing one man, you can justify killing every man.

The Greatest Lie is the one never told, but assumed.

History isn't a measure of our successes, but the compilation of our mistakes.
LA-LA-LA (OP)

User ID: 914896
United States
04/25/2010 02:22 AM
Report Abusive Post
Report Copyright Violation
Re: any Graphic Designers here? Legal question....
Thanks guys for your help. I hope this will not turn into a problem, but will be peacefully resolved
Anonymous Coward
User ID: 952450
United States
04/25/2010 02:33 AM
Report Abusive Post
Report Copyright Violation
Re: any Graphic Designers here? Legal question....
Goning to be hard to prove. no paperwork mean its a nasty he said she said scenario. I would at a minimum be asking for credit (by you) and not fight for $$ its a non-profit and you would be the loser in the end.
Anonymous Coward
User ID: 952450
United States
04/25/2010 02:34 AM
Report Abusive Post
Report Copyright Violation
Re: any Graphic Designers here? Legal question....
if you worked their then they own it..

end of story more than likely..
 Quoting: ^TrInItY^


as a designer for 16 years, Trinity, I agree you hit the nail right on the head!
LA-LA-LA (OP)

User ID: 914896
United States
04/25/2010 02:42 AM
Report Abusive Post
Report Copyright Violation
Re: any Graphic Designers here? Legal question....
if you worked their then they own it..

end of story more than likely..


as a designer for 16 years, Trinity, I agree you hit the nail right on the head!
 Quoting: Anonymous Coward 952450


again, I didn't work for them as a designer...
Mujahid

User ID: 952443
Germany
04/25/2010 02:46 AM
Report Abusive Post
Report Copyright Violation
Re: any Graphic Designers here? Legal question....
if you worked their then they own it..

end of story more than likely..

as a designer for 16 years, Trinity, I agree you hit the nail right on the head!

again, I didn't work for them as a designer...
 Quoting: LA-LA-LA


come again? scratching
LA-LA-LA (OP)

User ID: 914896
United States
04/25/2010 03:01 AM
Report Abusive Post
Report Copyright Violation
Re: any Graphic Designers here? Legal question....
if you worked their then they own it..

end of story more than likely..

as a designer for 16 years, Trinity, I agree you hit the nail right on the head!

again, I didn't work for them as a designer...


come again? scratching
 Quoting: Mujahid


i was contracted as an educator, not a designer...
Anonymous Coward
User ID: 916957
Netherlands
04/25/2010 03:10 AM
Report Abusive Post
Report Copyright Violation
Re: any Graphic Designers here? Legal question....
if you worked their then they own it..

end of story more than likely..

as a designer for 16 years, Trinity, I agree you hit the nail right on the head!

again, I didn't work for them as a designer...


come again? scratching


i was contracted as an educator, not a designer...
 Quoting: LA-LA-LA


Well since you were on their payroll and there was no paperwork, I'd say you can't claim the rights. I could be wrong, but how would you prove the logo was made by you?

Edit: I could ask my brother, he's an art director/graphical designer.
Funney
User ID: 379793
Czech Republic
04/25/2010 03:34 AM
Report Abusive Post
Report Copyright Violation
Re: any Graphic Designers here? Legal question....
this for sure:
NO! You worked for them, THEY own the copyright.

News