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Artwork copyright -user reproducing without paying royalties

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afish5450

Junior Member
I'm writing on behalf of an artist friend. This artist created a drawing (an amazing piece of art, btw). He sent a digital copy of the drawing (via Facebook) to someone else along with written agreement that this person would pay the artist a portion of sales made (royalties) by using the drawing for other items to sell (t-shirts, hat pins, etc.). All of their communication is documented through Facebook. Does the artist have any recourse under copyright law if the person using the artwork does not follow through and pay the artist for his work? How can the artist protect himself in the future?
Thank you for your help.
 


quincy

Senior Member
I'm writing on behalf of an artist friend. This artist created a drawing (an amazing piece of art, btw). He sent a digital copy of the drawing (via Facebook) to someone else along with written agreement that this person would pay the artist a portion of sales made (royalties) by using the drawing for other items to sell (t-shirts, hat pins, etc.). All of their communication is documented through Facebook. Does the artist have any recourse under copyright law if the person using the artwork does not follow through and pay the artist for his work? How can the artist protect himself in the future?
Thank you for your help.
In what state (or country) does your artist friend live?

Your friend the artist could sue the seller of the products that are using the artist's work. The artist can seek compensation from the one using his work by showing the court, first, that the copyright in the artwork used belongs to him, and that an agreement existed between him and the seller of the items that allowed for the use of the copyrighted work on the condition that the seller paid the artist royalties.

The artist can protect himself in the future by registering his work with the Copyright Office and then making use of licenses that are carefully drafted, outlining all terms and conditions for use of his work. All agreements should be written and dated and signed by both the artist and the one who is being granted rights to use the artist's copyrighted works.
 
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afish5450

Junior Member
Carefully drafting contracts

Thank you for your response. Where could one find information on how to properly draft a contract to be used by the artist and the person selling the artists work? We want to make sure to cross all t's and dot all i's.
 

quincy

Senior Member
Thank you for your response. Where could one find information on how to properly draft a contract to be used by the artist and the person selling the artists work? We want to make sure to cross all t's and dot all i's.
In what state (or country) do you and your artist friend live?
 

afish5450

Junior Member
Also, if the artist decided to sue, would the conversation via Facebook stand as a legal agreement between the two, stating that the other party does have to pay the agreed royalties?
 

quincy

Senior Member
Facebook postings can be sufficient to show that an agreement was made between your friend and the seller in Connecticut, if enough details are provided and there is clear indication that both parties have agreed to all of the terms discussed (including the royalty percentage of sales).

The Facebook postings would not work, however, to transfer copyrights in the work (transfers must be written and personally signed by the copyright holder) but Facebook postings can work to grant non-exclusive rights from the copyright holder to another.

Here is a link to information from the Digital Media Law Project on how to create a written contract to transfer or license copyrights: http://www.dmlp.org/legal-guide/creating-written-contract-transfer-or-license-rights-under-copyright

The Digital Media Law Project provides additional information on copyright licenses and transfers that can be helpful to your friend. From the link above, look to the "Table of Contents" on the right of the page for access.

It is not easy to sue someone who lives in another state. Your friend must decide if the profits from the sales, and the percentage he would be due from these sales, is worth the cost of pursuing a legal action.

Good luck.
 
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