A pictures' worth

[Smittylou]

What is the name of your state (FL)?

Hi forum,

I've run into a problem that I'm currently wondering if it's worth fighting. I put nearly everything I have to start up a small clothing line. Around $2,000 in total. In that cost, I paid a well known graphic designer to do images for me. He was not working for me, he charged me per design. Prices would vary depending on the complexity. One image cost me $250 before.

My problem comes in around here. I put the images on shirts and posters and started to sell them. I have been growing in popularity. The designer caught wind of my clothing line and flipped. He told me I do not have permission to use the images for that purpose and I owe him money for doing so. He says he will go to his lawyer and sue me. Can he do this?

I'm only 20 and in college. I took down the website and postponed all my sales. Don't I own this image since I brought it? I can't afford getting sued. I support myself and used pretty much every dollar to try to make my dream come true.

 

[Proserpina]

What is the name of your state (FL)?

Hi forum,

I've run into a problem that I'm currently wondering if it's worth fighting. I put nearly everything I have to start up a small clothing line. Around $2,000 in total. In that cost, I paid a well known graphic designer to do images for me. He was not working for me, he charged me per design. Prices would vary depending on the complexity. One image cost me $250 before.

My problem comes in around here. I put the images on shirts and posters and started to sell them. I have been growing in popularity. The designer caught wind of my clothing line and flipped. He told me I do not have permission to use the images for that purpose and I owe him money for doing so. He says he will go to his lawyer and sue me. Can he do this?

I'm only 20 and in college. I took down the website and postponed all my sales. Don't I own this image since I brought it? I can't afford getting sued. I support myself and used pretty much every dollar to try to make my dream come true.

I suspect the designer retained at least some ownership of the designs given that he's as you say rather well known.

What exactly did you sign up for? What were you actually purchasing?

I also suspect that he'd be able to pretty much bury you with legal fees.

 

[Smittylou]

Once I was able to get in contact with him I told him a detailed description of a image I wanted done. I was told it would cost $250 and take 2 weeks. It was just a custom cartoon picture.

I would have been fine if he would have told me that he still would have some ownership but he did not. I know with models, the photographers give contracts that need to be signed before shooting. I would have worked out something but this is a complete blindside

 

[sandyclaus]

Once I was able to get in contact with him I told him a detailed description of a image I wanted done. I was told it would cost $250 and take 2 weeks. It was just a custom cartoon picture.

I would have been fine if he would have told me that he still would have some ownership but he did not. I know with models, the photographers give contracts that need to be signed before shooting. I would have worked out something but this is a complete blindside

Most graphic designers charge you for the work, but retain the copyright to the material they design unless you pay them to give you the rights to copy it.

Did you explain to the designer EXACTLY what you intended to do with this design? Because if you had, I'm sure they would have explained the "copyright" concept to you and charged you a bit more for the privilege of being able to copy it as you wished.

 

[Zigner]

How much money does the artists want in order to release his rights/ownership to you?

 

[Smittylou]

He hasn't told me how much he wants. So far he's just been saying he's contacting his lawyer and keeps asking me how I plan to sell his design. I didn't tell him anything tho.

 

[Qwerk]

Can you tell us what kind of contract you signed with the artist? What was the wording? If he's a professional graphic artist, he would have written very explicit language into your contract stating exactly what rights he retained.

EDIT: Reading over the thread again, I see now that you had no contract. If this is the case, the law will likely treat his work as a piece of artwork that you bought. If I buy a painting at a garage sale, I buy the right to physically possess the painting, not to reproduce it commercially. Even if the artwork is created on commission and is digital, this does not affect the copyright.