copyrighting original artwork

[TIMMAAYY]

What is the name of your state (only U.S. law)? IN

A friend of mine in Indiana, has created an original cartoon character logo for a sports bar, that will be used on a wall mural, and several original design prints that were made along the way will be posted in the bar as well.

The logo will probably end up being used for the bar to sell t-shirts, hats, mugs, etc. with the logo on it.

Should this be copyrighted? What protection does it offer with/without copyrighting it?

Thanks in advance!

 

[The Occultist]

She made it for this company. Odds are, she holds NO rights to this cartoon/logo whatsoever. If it turns out she does retain rights (and I don't believe she does), then, at the very least, she has already granted this bar a license to use the cartoon however they want to, and she cannot stop them.

Now that it's too late, what is it your friends wants out of this deal?

 

[TIMMAAYY]

I don't think she wants anything... she was just wondering about whether or not she should copyright her work. She hasn't actually painted or sold the work to them yet, so nothing has been transferred physically. The bar owner has looked at the drawings and picked which one he liked for the mural and new logo.

This is her first shot at doing this commercially.

What needs to be done if she wants to copyright her work? Can the bar use her work with/without copyright for selling hats, shirts, etc?

Thanks for you help. Never dealt with this kind of issue before now.

 

[callie212]

Copyright is created the moment work is created. Her drawings are copyrighted. Registering copyright is adding the protection of a public record and possible statutory damages. She should create a contract for them now if she hasn't already. It doesn't have to be elaborate, but it should state who holds copyright. If she wants to keep copyright, it must express that. Also, when the artist retains copyright (which is very unusual by the way) they will typically charge less because it restricts the clients use of the work.

Usually, the client will get copyright when the job is complete. Especially for a logo. Then they can do whatever they want with it, registered or not. Its up to them if they want to register it with the US copyright office. If a third party took the logo and tried to sell t-shirts with it, then thats another story.

I would suggest she do some research on general copyright here to better understand: U.S. Copyright Office.

And do some google searches for ideas on drawing up a basic contract. She should create one to start with and adapt it along the way for future jobs. Here is something from AIGA that she can start with. http://www.aiga.org/content.cfm/standard-agreement Schedule A specifics copyright. I am a professional graphic designer and have revised my contract many times based on past experiences that I never want to experience again.