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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
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Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Hi Dimitry, I was reviewing the verbiage that you sent

Resolved Question:

Hi Dimitry,

I was reviewing the verbiage that you sent me and I had a question regarding that.

For this verbiage:
Party A assumes all full reproduction rights upon termination for the current partnership. Reproduction rights on the copyrighted work are transferred to the Party A, except that Party B explicitly retains personal rights to use the completed works and any preliminary designs for the purpose of design competitions, future publications on design, educational purposes, and marketing of the Designer’s business. Where applicable Party A will be given any necessary credit for usage of the completed work elements.

I do NOT want her to have rights in any manner to my creative works. I'm sure she feels the same way. How can I change this verbiage to show that it only belongs to each of us.
Thank you... Stephanie
Submitted: 8 months ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 8 months ago.
Stepphanie,

Thank you for your follow-up. The language I left behind is generally standard--it simply allows the other person to claim that they worked on the items, not that they have any other rights to it. To put it in perspective, if you created a cartoon character with her and she retains the rights, all you are allowed to say is that you helped create the character, use it as an example of your work, but NOT use it in any commercial venture, something that is generally permitted under 'fair use' conditions. You feel that is not what she would want to obtain or you would want to obtain? Have you potentially discussed this yet with her to see exactly what she is willing to retain or give up?
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 35654
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
Dimitry K., Esq. and 5 other Legal Specialists are ready to help you
Customer: replied 8 months ago.

Dimitry,


 


We actually have "two" types of issues.


 


The first:


 


Each of us does not want the other party to have ANY type of personal rights for ANY type of use. This is for the creative works that we independently created before we met each other, but yet took input from each other after we met.


That is really the verbiage that I need.


 


 


The Second:


 


We are willing to make compromises and BOTH want access to the creative works that we created in collaboration. I do need verbiage to assist us in that. We both want to be able to use any an all creative ideas from our creative collaborations, with any fear that the other party can come back and pursue for any type of credit, fees, etc.


 


Hope that helps to clear it up.... please let me know if you need more detail?


 


Thanks


 


I do have an unrelated question, but now that I'm learning how to use this system, I will set it up as a new question. :) Thanks

Expert:  Dimitry K., Esq. replied 8 months ago.

Stephanie,

I am a bit unclear then. I get that you two concerns, and the language I provided to you would likely work for anything that you collaborated on. Anything that was yours prior to becoming partners remains yours. For those items all you need to do is use the first sentence fragment I provided and then add: "Any subsequent collaboration or additional design remains the sole property of the initial creator of the original work, and any derivative works are considered to be the sole property of the original work creator."

Please double-check to see if that makes sense and is what you wanted.

Good luck!

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 35654
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
Dimitry K., Esq. and 5 other Legal Specialists are ready to help you
Customer: replied 8 months ago.
Thanks Dimitry.... I think that was the sentence that I was missing. I will review both and see it works as I write it up. Thank you! I will also leave my rating as soon as I send this :)
Expert:  Dimitry K., Esq. replied 8 months ago.
Stephanie,

Not a problem, please review, and if there is anything else I can do to assist, or modify, please let me know!

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