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Design rights
I have been producing vinyl stickers for a large uk company for the last 6 years
I designed the company’s logo which is on all their vehicles , stationery, web site work uniforms and various other logos.
They have recently given the sign work to another company because they are cheaper
Where do I stand as regards my designs
Peter[/list]
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3 Replies
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Hi, personally i would have charged for original artwork when i first started working with them. One off payment for the design. If they then choose to go elsewhere thats their choice but at least i would have been paid for artwork. I think its a bit late in the day now to chase them for the design. I wouldn’t think you have much of a legal leg to stand on, I could be wrong tho. good luck
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IF you formed a contract / order to supply them the goods requested and you didn’t separate the design part (charges or rights reserved) then the purchase of the design was implied as they could not receive the goods without also getting the design for their sole use.
Yes, you may be the designer and hold the copyright, but during the sale of goods it could be implied that you sold the design also. The user holds significant rights in the real world as you didn’t restrict the use in the original terms of supply.
Sucks I know, but how many times have we all been asked and replicated a company logo whether national brand or a local merchant and done it. I know I do – and it’s done on here every hour of every day when people ask and receive reworked logos / brands for non-sanctioned use without any thought for the original designer or manufacturer.
Move on or ask to re-quote – don’t waste your time or effort unless you see £££ rewards and can support a potentially VERY costly lawsuit.
Dave
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I believe by default, if it can be proved that you were the original designer then all copyright remains with you. However it should all depend on what agreement/contract you had in place when you originally did the designs 6 years ago. Did it specifically say that you would retain the copyrights to all designs?
If it did, technically you could challenge it but whether it would be worth the legal challenge and possible bad publicity plus cost and your time would be something to seriously consider before taking any action.
Personally I’m with Jean in that if I’d designed something, I’d charge that as one job, get paid and they get all the rights. Then charge any signage etc as a separate job. At least then you’ve been paid for your time and should they want to go elsewhere, there’s no bad feelings.
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