Logo Design and App Icon Design

[wonderboy]

A business partner and I were making mobile apps and i decided to step away to do my own thing. We never had a formal partnership so when i asked to be bought out or have a percentage of the income, he blew me off. Now the company is using my artwork(logos, app icons, interface designs, ect) without my permission. Since we never had a formal agreement and i never gave the company permission to use my artwork, do they have a right to use the artwork? Would a cease and desist letter hold in court if needed?

 

[FlyingRon]

It would depend on details not speicfied, however there's a strong possibility that the work belongs to company.
Is this a corporation?
Were you receiving a paycheck?

 

[quincy]

A business partner and I were making mobile apps and i decided to step away to do my own thing. We never had a formal partnership so when i asked to be bought out or have a percentage of the income, he blew me off. Now the company is using my artwork(logos, app icons, interface designs, ect) without my permission. Since we never had a formal agreement and i never gave the company permission to use my artwork, do they have a right to use the artwork? Would a cease and desist letter hold in court if needed?

The answer to both of your questions is, "It depends."

What the answer depends on is the type of business you and your partner had. Even without a formal partnership, if you were planning to "buy out" his percentage, there was obviously some sort of arrangement.

Several factors are looked at in determining whether the works created can be viewed as "works made for hire" and belong to the company, or whether you have retained all rights in what you created while working for the company.

In other words, it is possible the artwork you created for the "company" could be considered company property and it is also possible that the company would be infringing on your copyrights by using your work, absent any agreement signed by you transferring the rights to the company.

You can always send a cease and desist letter. These tend to be more effective when coming from an attorney. You could inform the company that they are using your copyrighted works without your permission and are, therefore, infringing on your rights in the work. But it is important to know that a C&D has no force of law behind it. The company can toss it aside. So, before sending a cease and desist letter, you would want to know in advance if you have any legitimate legal action available to back up the C&D.

I suggest you have an IP attorney in your area review how the company is set up and how you operated within the business, to see if the company can legally claim rights to the work or whether you can legitimately claim all rights to the work you created.

Good luck.


One more suggestion: In the future, always always always have everything in writing so that disputes such as this are less likely to arise.

 

[wonderboy]

the company is an LLC but i never received any paychecks or compensation at all. i thought we had a verbal agreement and an understanding that we each had a percentage in the company but it was never written down or discussed any further.

 

[quincy]

the company is an LLC but i never received any paychecks or compensation at all. i thought we had a verbal agreement and an understanding that we each had a percentage in the company but it was never written down or discussed any further.

There are several factors besides pay and the method of payment that will be looked at when determining if the work you created belongs to the LLC or whether you retain ownership.

How is the work you created being used? Is the logo a company logo you created for use by the corporation? Are the apps created for clients? Has the work been registered with the copyright office or the trademark office (and, if so, under what name)? ...

If it can be determined that an employment relationship exists, even if you are not technically employed by the company, you could be seen as an employee for the purposes of copyright ownership and the company would hold rights in the work.

 

[wonderboy]

right now, they company is using the following in which i created: the logo used by the company, two app icons being used and sold by the company, a logo for an app the company is selling, 2 websites i built, and an interface for an app the company is selling. The company sells app for themselves and does not have clients. Currently the logos are not registered with copyright ownership.

Before i left, i was seen as the CTO, but again that was only in theory.

 

[quincy]

right now, they company is using the following in which i created: the logo used by the company, two app icons being used and sold by the company, a logo for an app the company is selling, 2 websites i built, and an interface for an app the company is selling. The company sells app for themselves and does not have clients. Currently the logos are not registered with copyright ownership.

Before i left, i was seen as the CTO, but again that was only in theory.

You could potentially have some claim to compensation for your contributions, but I doubt you will get your designs back - especially if the corporation you helped create has been using your designs to identify the company.

I suggest you review all particulars with an attorney in your area, however, so the attorney can see exactly what is involved here.

 

[wonderboy]

All i want is either reasonable compensation for my work and efforts, or for the company to use different artwork. Thanks for help and advice everyone.

 

[quincy]

All i want is either reasonable compensation for my work and efforts, or for the company to use different artwork. Thanks for help and advice everyone.

That sounds like a good goal to have. With luck, your former partner will be reasonable and you will be compensated to your satisfaction.

And, again, please do not enter into any other partnership without a solid, written, signed contract which details all terms of the agreement, including what will happen if the partnership dissolves.

Good luck, wonderboy.