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Graphic Design sales problem

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Kape239

Junior Member
Florida

So I have a, what I hope to be, easy question to answer. I asked a pretty well known graphic designer from a couple counties over to make a design for me. He gave me a price that I didn't want to fight about ($250).
I paid him and the design came out great. So now I took the design and had it printed on a couple of shirts. I gues he got wind of this or seen the shirt and got mad. He is now telling me that he will sue me for....stealing his design (do not really remember what he was saying).
Can he do this? I have proof that I told him to do the design and proof that I paid him. The emails we sent to each other never said anything about him still owning it and no stipulations were given. SHOULD I BE WORRIED????

Thanks in advance
 


When you have a photographer at your wedding, you're paying for the work of taking the photos. Unless your package includes copyright rights being transferred to you, your photographer owns the photos and has the exclusive right to print them and charge you what she wants.

It's the same thing here. You paid for the website to be designed, which is a service. You did not pay for the copyright for the designs, which is a good/product.

The designer owns the design. You can either pay his asking price for you to buy the design, which is a good/product, or, if he chooses to sue you, he will probably win. So far he's only been paid for his service.
 

Hot Topic

Senior Member
When you have a photographer at your wedding, you're paying for the work of taking the photos. Unless your package includes copyright rights being transferred to you, your photographer owns the photos and has the exclusive right to print them and charge you what she wants.

It's the same thing here. You paid for the website to be designed, which is a service. You did not pay for the copyright for the designs, which is a good/product.

The designer owns the design. You can either pay his asking price for you to buy the design, which is a good/product, or, if he chooses to sue you, he will probably win. So far he's only been paid for his service.

There was no mention of paying for a website to be designed.

The OP could have asked the designer if it was okay to use his design elsewhere. The designer has the right to sue for the unauthorized use of his design elsewhere.
 

linkavb

Junior Member
Florida

So I have a, what I hope to be, easy question to answer. I asked a pretty well known graphic designer from a couple counties over to make a design for me. He gave me a price that I didn't want to fight about ($250).
Did you sign a contract with that designer? What did the contract read? Did you hire a graphic designer from local counties or countries? Was the design an original? In most cases "designers" from India or 3rd world countries slap together clip art on and charge $250 for so called logo. Then you end up without rights without legal protection and can be sued easily. Sometimes those designers sell someone else's work too as their own.
 

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