Property rights

[typesoup]

If you conceptualize, design, and assemble a product pro bono without anything in writing, does that organization automatically own your design?

[typesoup]

Okay, I shortened it, down and dirty. Any responses would be greatly appreciated!

[CamarotaDesign]

You know, Im not an expert, but I would say its yours. The way I see it is that your work is protected by copyright law the moment you create it unless you are under some form of contract or agreement. Example, my job had a contract that I signed, and any work I do during business hours belongs to them no matter what. But I think for anything other than that, if you arent under a contact of some sort, I think its yours.

[PrintDriver]

A prime example of Contract Contract Contract - even when doing pro bono. Pro bono and work for relatives :rolleyes: . LOL.
It really depends on what you designed and what the handshake agreement was. I've designed and built signage for pro bono work (on my own T&M, Boss) and didn't expect to own the sign afterwards. Or the design for that matter.

What are they asking you to give up? And is it worth the fight?

You can send them an invoice too, with the actual cost voided out. It makes them understand the value of your time.

[typesoup]

It's actually kind of funny, and it won't ever get ugly on accounta I'm the contracting managing editor there and the person in question, whom I do adore, can be a pain in the arse at times, this being one of them. The CEO and I joke about her frequently, loved though she is.

They needed something special last year for this wabi-sabi october tea thing they do every year; she asked if I had any ideas and I said I did. I handmade these wabi-sabi-themed (very time intensive assembly) bookmarks in earthy colors with pulp paper, calligraphy, yada yada. They wanted to have them again this year and I said sure, and sent clear instructions about supply purchase, assembly, kind of glue, measuring guidelines, and a pdf of the bookmarks with score marks and all that good stuff.

Given the fact that the person in question wanted to use her trademark anything-bright-pinky-turquoise-loud colors on the design last year which of course didn't happen, I had a feeling she'd feel compelled to try to get some glitter and loud colors into this very subdued, organic design. I put in a stipulation that these colors were not to be used in stock and pulp paper.

So she wrote back and got a bit condescending (you know, called me "sweetie," that kind of thing -- she must be feeling daring!) and said while she'll follow my wishes, not to worry, when I did the original design last year it became their property.

It won't be a big deal any way around it, but it got me curious about situations like these. The interpretation of copyright law is a bit sketchy in this area as well.

I do have people who've requested the design. Since the CEO and I have a very tight working relationship, I may just approach her about it. We're both very pragmatic about stuff like this and I'll be fine with whatever the outcome is.

[cgmpowers]

Okay I have a question...

If I am working for a medium to large corporation and during my job with this company as a graphic designer, I design a logo (lets say, i.e. I work for Pepsi and I make the newest pepsi logo)..do I own that logo or have rights to it?

Christopher

p.s. I'm still so confused on this. I know that if I design it freelancing, I have some if not all rights to it.

If you conceptualize, design, and assemble a product pro bono without anything in writing, does that organization automatically own your design?

[Riya]

If you design something for the company, while employed by the company it is a "work for hire". You have no rights to it.

[cgmpowers]

I thought as much..but wasn't totally sure..

However, at the time of my hiring I signed an acceptance letter but do not recall 'work for hire' being any part of it. I am reading the GAG Pricing and Ethical Guidelines book and it is sort of vague on it.

I am not sure this company would be aware of my rights as a designer but I don't think I signed it as a 'work for hire'. I'm salary but again am very new at this all.

Its my very first job so I'm really only there for a reference and of course a lot of education.. :) I don't anticipate creating the next 'pepsi logo' by any means..

Chris Powers

p.s. I am an AIGA and GAG member, I had it on my business card and resume.

[jlknauff]

If you are working on their time on a project they told you to do, it's work for hire.

[typesoup]

The sticking point for me with copyright law was, what they meant legally by works for hire. And I found it...Who Can Claim Copyright?

Copyright protection subsists from the time the work is created in fixed form. The copyright in the work of authorship immediately becomes the property of the author who created the work. Only the author or those deriving their rights through the author can rightfully claim copyright.

In the case of works made for hire, the employer and not the employee is considered to be the author. Section 101 (http://www.copyright.gov/title17/92chap1.html#101) of the copyright law defines a “work made for hire” as:
a work prepared by an employee within the scope of his or her employment; or
a work specially ordered or commissioned for use as:



a contribution to a collective work

a part of a motion picture or other audiovisual work

a translation

a supplementary work

a compilation

an instructional text

a test

answer material for a test

an atlas
if the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire.

The authors of a joint work are co-owners of the copyright in the work, unless there is an agreement to the contrary.

Copyright in each separate contribution to a periodical or other collective work is distinct from copyright in the collective work as a whole and vests initially with the author of the contribution.

Logos and other branding notwithstanding, if these legal stipulations are not carried out, it appears that the designer's work is their own unless other arrangements are made.

The only time it is implicit that the ownership is the recipient's is when the work is produced within the scope of the designer's employment.

[rainbow2bryte]

in relations to these Q & A's, what if someone steals yer stuff???

do you need some kind of documentation as to ownership to prove it's yours?

or is it just some kind of 'honor system' that's unwritten?

always wondered this.

OR, can you simply draw a little 'ole copyright symbol © in yer stuff and be good to go?