sign design

[poodie]

What is the name of your state? NH

I was commissioned to make a hand painted sign for a small local business and was paid for it. I did not give over the copyright to the owner. It was not a logo design. She is now using a picture of the sign on her webpage and selling tee shirts with my design on them as well as pins and totebags. What legal rights do I have in this matter?

 

[racer72]

She paid for it, she owns it. She can do as she wishes. Without a contract giving explicit rights of usage, you have no claim.

 

[poodie]

NH

Is racer 72 a lawyer? If I had done a painting for someone who paid for it, could they use copies of it to make money for themselves without my permission? I really don't think they could. I believe that the artist retains the copyright for their original artwork even if they sell the image. Meaning the person who bought it has the piece but not the right to use it in other ways by copying it and selling it. Even logo designers stipulate that they either retain the copyright themselves or they agree to give it over to the customer. Can anyone with legal knowledge give an opinion on this subject?

 

[racer72]

No, IANAL, but work part time as a paralegal. I just showed your post to a veteran lawyer and ex judge and he agreed with my original response to your post.

First, you state you were commisioned. This made you an employee of the person that paid for the sign. And the law generally concedes work done by an employee belongs to the employer. You do not state if you had the person that paid for the signage sign a contract giving you exclusive rights to the design of the sign. As I stated previously, without a contract giving you exclusive rights to the sign, you have no claim. If you do not like my response (which if obvious), I would suggest you talk to a real lawyer.

Also, you analogy of your sign and a piece of art holds no water. If I buy a work of art, whether a Rembrant or from a starving artist, I own that work of art and can do with it what I want. Look at the comic pages of your local paper. Who owns the artwork that appears on those pages? The artists? No, the syndicator owns that artwork because they have paid for it. They have contracts giving each certain rights with the images. You appear to have no contract hence no rights to the work.