Wrong Name of a Creator

[Andre_Ch]

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

First of all sorry for my English. It is my second language.

My case. I worked at a design studio in Pasadena, CA for three months last year as a contractor graphic designer. During that time I designed a brochure which has won a bronze award in a big advertisement competition in Los Angeles. I was only designer of that brochure. However the agency marked another person who currently works there as a designer of the brochure. He even has not worked for them at the time when the brochure was created. His name is at the website of the competition instead of mine. There are some people who can witness that only I have designed that piece of work, including a client whom the brochure was made for.

I completely understand that all the rights belong to the agency. And I do not claim them. Only I need is to change a name of the designer of the brochure on a proper one. I'm an immigrant. I've just started working in America. Therefore any award is important for me. It opens more doors for my carrier here.

My question is: Does it make sense to go to a lawyers office to hire them in my case?

Thanks.

 

[justalayman]

given the amount of difference it could make in your career, it may be worthwhile to speak with an attorney on the issue. Offhand I do not know if there is anything available to you but I suspect there may be. I would make a few calls to attorneys to see if anybody is willing to listen to the facts and offer you some specific advice or even take this on as a case.

Do understand that you will have to pay the attorney out of your pocket for any assistance though. This is not the sort of issue an attorney would, or even could take on on a contingency basis as you will not receive and presumably not even seek a financial award but something more of injunctive relief demanding the company properly attribute the work to you.

 

[quincy]

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

First of all sorry for my English. It is my second language.

My case. I worked at a design studio in Pasadena, CA for three months last year as a contractor graphic designer. During that time I designed a brochure which has won a bronze award in a big advertisement competition in Los Angeles. I was only designer of that brochure. However the agency marked another person who currently works there as a designer of the brochure. He even has not worked for them at the time when the brochure was created. His name is at the website of the competition instead of mine. There are some people who can witness that only I have designed that piece of work, including a client whom the brochure was made for.

I completely understand that all the rights belong to the agency. And I do not claim them. Only I need is to change a name of the designer of the brochure on a proper one. I'm an immigrant. I've just started working in America. Therefore any award is important for me. It opens more doors for my carrier here.

My question is: Does it make sense to go to a lawyers office to hire them in my case?

Thanks.

How were you paid as a contractor graphic designer, Andre_Ch?

Did you receive a W-2?

If not, did you sign a written agreement that expressly transferred your rights in commissioned designs to the studio, with a work made for hire agreement?

Did you speak with your former employer about the design?

I understand how important it could be for you to have your award-winning design attributed to you. Another designer should not have been credited with creating the design. Because you no longer worked for the studio, the studio should have submitted the design under the name of the studio instead.

If you can answer the questions I asked above, I can better tell you whether this is something you might want to have an attorney in your area personally review.

 

[Andre_Ch]

Thank you Justalayman for response.

I completely understand and agree to pay the attorney out of my pocket certain amount of money. I need to know how much it is and how big (or small) my chance to get my name as a designer of the piece of work on competition's website is before I do that. I think, there is a chance that even if I can prove that I was a designer, the agency could just delete a name of a designer or place it's name instead of a name of a person.

I've found that a head office of the agency is in Las Vegas, Nevada.

 

[Andre_Ch]

Quincy, thank you for an answer.

How were you paid as a contractor graphic designer?

I was paid with paychecks.

Did you receive a W-2?

No, I did not.

If not, did you sign a written agreement that expressly transferred your rights in commissioned designs to the studio, with a work made for hire agreement?

Yes, I signed a written agreement.

Did you speak with your former employer about the design?

I did not. I have an experience whit the agency, when I spent 2 months to get my last pay-check. Only after I promised them that I would ask a government and lawyers help to get my money they sent it to me. It was not the only case when they tried to avoid their obligations. Knowing the company's owners personally I do not see any help to contact with them.

I've noticed while re-read the agreement that the agency's head office is located in Las Vegas, Nevada.

 

[quincy]

Quincy, thank you for an answer.

I was paid with paychecks.

No, I did not.

Yes, I signed a written agreement.

I did not. I have an experience whit the agency, when I spent 2 months to get my last pay-check. Only after I promised them that I would ask a government and lawyers help to get my money they sent it to me. It was not the only case when they tried to avoid their obligations. Knowing the company's owners personally I do not see any help to contact with them.

I've noticed while re-read the agreement that the agency's head office is located in Las Vegas, Nevada.

The absence of a W-2 indicates the studio did not treat your relationship as an employee/employer one, so the work for hire agreement you signed was necessary to transfer rights. That said, I have some doubts that your design work falls into one of the nine specific and narrow categories enumerated in Section 101 of the Copyright Act for a work for hire.

For that reason and the fact that you do not think contacting the studio directly will do you any good, I suggest you have your contract and the brochure and the facts of your employment reviewed personally by a lawyer in your area. Following is a link to the California Bar Association, to give you a start. You can inquire about low-cost or free legal aid, if money is an issue.

http://www.calbar.ca.gov/Public/LawyerReferralServicesLRS.aspx

Good luck, Andre_Ch.

 

[Andre_Ch]

Thank you Quincy.

 

[quincy]

You're welcome, Andre_Ch. Thank you for the thanks.

The attorney you see should be able to determine where exactly you stand legally after a review of the contract and brochure. It would be nice if the attorney you see can also convince the design studio to stop giving credit to another designer the design work you did for the studio.

Good luck.