Ownership over art originals

[3turner]

Hello,

I'm hoping some people here can offer their advice on a business related issue. I have been providing designs to a couple of guys who are starting up a t-shirt company. Since I wasn't really thinking about it initially, I provided them with original copies of the designs. Since they only need a high quality template , which could be a high resolution scan instead of the original, I see no reason they should possess the original artwork. Its only an issue for me because I believe the art itself could have sale value.

When I mentioned this to them, they resisted and claimed that their not possessing the original could work against them should they ever become successful. I thought that was XXX, but the fact remains that they have the originals.

I'm basically looking for some feedback from the community on this issue as well as links to cases or legal documents that would relate.

-E

 

[cyjeff]

Go delete the other three threads and we will help you.

Why did you think we would need to be spammed like this?

 

[3turner]

Not my fault. Only submitted the thread one time and left the site. Might want to check that your forums aren't being hacked. I will delete the other threads. Still seeking advice on this subject.

Thanks.

-E

 

[justalayman]

You are worried about somebody stealing from you yet you steal from this site by inserting your link. I'm sure that will get you a lot of help here.

 

[3turner]

Good one . Is there anyone out there with some good advice on this issue?

 

[justalayman]

Oh, you thought I was joking? I wasn't.

 

[quincy]

3turner, you may wish to remove the link to your website before it is removed for you - it is considered advertising and against the terms of service of this site. Read the notice at the bottom of this page.

The holder of a copyright in an original work of art would be the actual artist who created the work, the party who commissioned the work under a written work made for hire contract, the assignee of all rights in a created work, the employer whose employee created the work as part of his employment duties, or any party who has come to own all of the exclusive rights in a work (ie. through inherited rights).

As holder of the copyright in a work of art, you have the exclusive right to reproduce the work, display (or perform) the work, distribute the work, and prepare derivative works. You also have the ability to transfer one or more of these rights to another or others, through an assignment or through the exclusive or nonexclusive licensing of the rights you hold in the work.

Absent any written work made for hire contract, therefore, and absent any employer/employee relationship that you had with these "couple of guys who are starting up a t-shirt company," and absent any of the other conditions listed above that would have transfered any or all rights in your original art work to these guys, you as artist retain all rights in the works of art you created, and you can enforce these rights through legal means if necessary.

However, I agree with these couple of guys that it could be detrimental to the success of their business if they do not have the original works of art upon which their t-shirt designs are based, or if they do not, at least, have a license from you giving them the exclusive right to reproduce the original art work on their t-shirts. Without the works of art in their possession and without any written agreement or an exclusive license from you to use the art work on their t-shirts, they would have a hard time preventing you from competing with their t-shirt business by marketing your own t-shirt line or products based on these works or, perhaps, even suing them for infringement, should you later have a falling out with these fellows and you decide you no longer want them using your copyrighted works.

I suggest you try to work out an agreement with these guys that is satisfactory to all of you and that addresses the issue of rights in the works, and then have this agreement put in writing and signed by all of you. It would be best to have any agreement drafted by an attorney who can ensure that all conditions agreed upon are included and understood. While it is not necessary to have a nonexclusive license in writing (a license whereby you as copyright holder can give the same rights to many different people while retaining these rights in the work yourself), written agreements are always best, to ensure there are no misunderstandings or disagreements over terms in the future. An exclusive license granting certain rights in your works of art generally must be in writing and should be recorded with the U.S. Copyright Office.

For information on copyright law and the transferring and/or licensing of rights, you can go to http://www.copyright.gov.

(although you need to remove your link, your artwork is impressive )

 

[3turner]

Well actually, as I said, I posted the thread once and left the site. The signature was added when I later revisited the site and posted a reply. So yeah, it really wasn't done with any malicious intent. Seems pretty harmless to me. But you might want to check and make sure your forums aren't being hacked, because if that's such a magical occurrence, then there may be something wrong.

Quincy, thanks for the informative post. Yeah, I should mention, there is really no legal context to this relationship other than them having me sign a non-disclosure agreement. I gather from your post that I automatically have a copyright over the work since I created it.

I'm glad you mentioned the scenario where I could potentially sue them for using my work. I was thinking about that. They actually mentioned an alternative scenario where someone who had purchased the original artwork from me turns around as sues them, claiming the art as their own. I thought that would be fairly easy to disprove in court. But even a scenario involving me suing them doesn't seem viable. Couldn't they just present the emails I sent as evidence of my consent to use the work? The emails have the images attached.

My bigger question is this. Given that there would be some more elaborate legal agreement allowing these guys license to use my work, would that just refer to the "image", original or not? They seemed very insecure about not having the "original" artwork in their possession, making analogies to record companies that maintain the original recorded media for legal purposes. I don't know that that is true, but I don't think it necessarily relates. Once they have a quality digital file to print from, they are set for their purposes.

 

[quincy]

Note: 3turner's post that I am responding to has been reported.

First of all, 3turner, the language you have used is as unacceptable as your advertising on this site, and I hesitate to respond to your questions (but I will).

To answer your first question first, yes, you automatically have a copyright in the work you created, absent any of the conditions I mentioned earlier. You do not "lose" your copyrights by selling or giving away your artwork to someone, unless there is a written contract whereby you release your rights (or some of your rights) to the work. Consent to use the work in a specific fashion, in other words, does not release your underlying rights in the work.

The t-shirt company has no other rights to your original works of art than you have given to them expressly, in writing. All other rights to the works you have as copyright holder can be enforced in court, should they be infringed.

As for a license to use your original works of art, the license can be fashioned as you wish - giving away all rights in your original works to the t-shirt company or giving limited rights to reproduce the image on t-shirts.

I suggest from here that you consult with an attorney in your area, so the attorney can go over all of the specific facts of your situation and advise you accordingly.


(and, yes, justalayman, I am impressed by 3turner's artwork as I am impressed by all original works of art, even if I am not entirely impressed with the artist behind the work )