How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Attorney Wayne Your Own Question
Attorney Wayne
Attorney Wayne, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 1506
Experience:  Practicing Law Since 2000
Type Your Intellectual Property Law Question Here...
Attorney Wayne is online now
A new question is answered every 9 seconds

I had a licensing agreement. Under that agreement I created

This answer was rated:

I had a licensing agreement. Under that agreement I created kids art and was sold to retailers and etailers for the last four years. I had one collection that the licensor named it La Belle Princesse collection. This art has been associated with my name for the last four years. I am the original creator! Then the day my contract ends not only was my art copied by an in house artist for this same company but it is now named word for word color for color. What are my options. I am going to be signing with another larger company in the next week.

Attorney Wayne :

PLEASE DO NOT use the rating system until satisfied. Instead, please click REPLY TO EXPERT to continue our conversation. Hello. Thanks for contacting us.

Customer: replied 3 years ago.

Im sorry but I see no answer


Sorry- system glitch. Here it is again:

There two types of issues here: Copyright and Trademark.


If the licensing agreement did not define the license as something more like a work for hire (in which the copyright transferred to the company buying the rights), but simply a right to use the material, then any copying or continued use could violate copyright law.


Copyright is automatic upon creation and "fixation" in a tangible form (once drawn on paper or digital file, that's a tangible form). But to enforce that copyright in court it is necessary to first register the work. Here's a link to the Copyright Office to do so.


A drawing is classified as a "visual work" for registration.


I might have a lawyer (or if lawyer's help is not in the budget, do it myself), send a certified "Cease and Desist Letter" to the company, demanding that it stop copying and using the material, and reminding it that copyright infringement can result in thousands of dollars in court-ordered restitution for each item copied, each time it is copied. That sometimes works.


Send the letter by certified mail, return receipt requested (keeping copies of both the letter and the return receipt as evidence).


The trademark piece is trickier -- and not something to approach without expertise (as a lawyer might have). Trademark is a kind of consumer protection law that businesses use to ensure that others don't steal their good name or those things that stand in for it. Thus, MacDonald's has a lock on double golden arches when used in a restaurant logo, and even for other things that consumers might assume is provided by MacDonald's Corp.. Similar arches, that are not identical, are not okay under this type of the legal theory.


The thing is, it is necessary to provide evidence that consumers associate a certain look or feel with a particular original producer of something (whether artwork or widgets). And that is the tricky part that may require a lawyer's help. While trademark registration is not required, it is helpful. I'd make this issue part of any discussion with own trademark lawyer who, alone, can provide confidential information protected by attorney-client privilege -- something that is simply impossible (for obvious reasons) on a publicly-accessible legal information web site.


Please let me know if anything needs clarification by typing a response in the next text box.


I wish you every success with your work!

Attorney Wayne, Lawyer
Satisfied Customers: 1506
Experience: Practicing Law Since 2000
Attorney Wayne and other Intellectual Property Law Specialists are ready to help you

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Previous | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK

Meet The Experts:

  • Alex Reese

    Alex Reese


    Satisfied Customers:

    Experienced in intellectual property law
< Last | Next >
  • Alex Reese's Avatar

    Alex Reese


    Satisfied Customers:

    Experienced in intellectual property law
  • Robert McEwen, Esq.'s Avatar

    Robert McEwen, Esq.


    Satisfied Customers:

    Licensed Texas General Practice Attorney
  • Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.


    Satisfied Customers:

    I assist my clients with IP questions that arise in their daily course of doing business.
  • Thomas Swartz's Avatar

    Thomas Swartz


    Satisfied Customers:

    Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
  • Ely's Avatar


    Counselor at Law

    Satisfied Customers:

    Licensed attorney in private practice.
  • Wilton A. Person's Avatar

    Wilton A. Person


    Satisfied Customers:

    MBA, Experienced and Knowledgeable in Intellectual Property Law
  • BartEsq's Avatar



    Satisfied Customers:

    Juris Doctor

Related Intellectual Property Law Questions