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Stolen artwork

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A

aeslynmc

Guest
What is the name of your state?
AZ

I was asked to develop a cover for a novel several years ago. After producing a completed cover idea the author proceded to tell me that any kindergartner could have come up with the idea and that it was crap etc. He cut all communication with me at that point. Now 3 years later I see my cover idea being used to market his book. What are my rights? (I am not after money....just a little gratitude). Yes, I do have record with dates to all communication and cover ideas sent to the author, and responses from him.
 


racer72

Senior Member
Were you compensated in anyway for the artwork? If you were the person that paid you can claim ownership. If not, you will require the services of a local copyright/patent attorney.
 
A

aeslynmc

Guest
I was not paid anything for my work....he said it was "crap" so obviously he did not pay me anything....then he stole my design and used it for his book as I found out last night.
 
J

J. Michael

Guest
First, ideas cannot be protected by copyright. Expression of ideas are protected. You seem to be saying that someone copied your idea rather than your expression. For example, a company could solicit several submissions for a cover expressing an idea "x" and choose the one they like. But you seem to be saying that someone apparently based the second cover on your submission. Whether or not they copied any protected expression (beyond the idea itself) would need to be explored in court. For example, http://www.law.emory.edu/11circuit/may2000/99-10087.man.html
 

Dandy Don

Senior Member
Your mistake may have been in not getting a contract or signed agreement with him for the artwork. You could take him to small claims court now and would probably win with the evidence you have, but let that be a lesson for future dealings with other clients.
 

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