Dsigner's usage rights

[Eastland]

Hello,
Here is my situation

About 25 years ago, my mother was a designer but also had a business that dealt with musicians and entertainment.
She would design and publish packaging or posters for her business most of which would include the artists or band names somewhere in the design.
This was completely conceived and funded by her, not the artist. In other words, she was not paid by the artist for her work.

1. she later sold all shares of her business.

2. No contracts or work for hire agreements were ever signed. She never gave up her authorship/ownership rights to the images.

3. There are no trademarks registered for any of the artist or band names but some are still active.

All these years later, does she have the right to reprint her original images on additional merchandise to sell
(example: a design for a poster now on a t-shirt) with the artist/ band name included in the design?

Thank you for your time

 

[FlyingRon]

Sold the business to who? It sounds like the business owns the works.

 

[HomeGuru]

Hello,
Here is my situation

About 25 years ago, my mother was a designer but also had a business that dealt with musicians and entertainment.
She would design and publish packaging or posters for her business most of which would include the artists or band names somewhere in the design.
This was completely conceived and funded by her, not the artist. In other words, she was not paid by the artist for her work.

1. she later sold all shares of her business.

2. No contracts or work for hire agreements were ever signed. She never gave up her authorship/ownership rights to the images.

3. There are no trademarks registered for any of the artist or band names but some are still active.

All these years later, does she have the right to reprint her original images on additional merchandise to sell
(example: a design for a poster now on a t-shirt) with the artist/ band name included in the design?

Thank you for your time

**A: it would appear that the business owns the works and not her.

 

[Eastland]

Thank you for your insight.
The purchaser of the company no longer exists
Our concern is primarily with the artists who's name (not trademarked) would be presented in the images, and if they have any rights to their name and able to legally block any new production.

Thank again

 

[Zigner]

Thank you for your insight.
The purchaser of the company no longer exists
Our concern is primarily with the artists who's name (not trademarked) would be presented in the images, and if they have any rights to their name and able to legally block any new production.

Thank again

You can expect problems if you attempt to profit from (and, even just use) their name without their permission.

 

[HomeGuru]

So where is the purchaser; dead? The business or rights to the works could have been sold to someone else.

 

[Eastland]

Bankruptcy.

 

[Zigner]

Let's cut to the chase.
It sounds like you do not own the rights to the work(s) in question. As such, it is not legal for you to utilize them in the manner that you propose.

 

[Eastland]

No disrespect intended Zigner, so let me try to "cut to the chase". Being unfamiliar with a situation like this, we are looking for some perspective or precedent. Just to be clear. Yes, this is to make money. absolutely..100%
If you believe from your experience that the author of the work has no rights in this case then we can plan accordingly. But being a contract visual designer myself, I know that my clients do not own full rights unless I allow them to. And as you're aware, The author can carve them up into rights for production, merchandising, etc. at their discretion. In addition, if I sold my hypothetical gift shop that I used my own visuals on. Unless I'm mistaken, the new owner doesn't automatically own the rights to reuse those visuals (unless stated in the sale)
To answer your comment. I was seeking the opinions of you and your professional peers to discern exactly what rights the creator of the work has in relation to the artist's rights to their name. I think your earlier comment "expect problems" speaks the loudest.

Thanks again for all the great feedback

 

[Zigner]

No disrespect intended Zigner, so let me try to "cut to the chase". Being unfamiliar with a situation like this, we are looking for some perspective or precedent. Just to be clear. Yes, this is to make money. absolutely..100%
If you believe from your experience that the author of the work has no rights in this case then we can plan accordingly. But being a contract visual designer myself, I know that my clients do not own full rights unless I allow them to. And as you're aware, The author can carve them up into rights for production, merchandising, etc. at their discretion. In addition, if I sold my hypothetical gift shop that I used my own visuals on. Unless I'm mistaken, the new owner doesn't automatically own the rights to reuse those visuals (unless stated in the sale)
To answer your comment. I was seeking the opinions of you and your professional peers to discern exactly what rights the creator of the work has in relation to the artist's rights to their name. I think your earlier comment "expect problems" speaks the loudest.

Thanks again for all the great feedback

I suspect you came here for justification for your actions, not for advice.

 

[Eastland]

nope-Just advise

Thanks!

 

[HomeGuru]

And I advise that we got to the end.