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JerrySJD
JerrySJD, Attorney
Category: Business Law
Satisfied Customers: 821
Experience:  Attorney for business formation, business sales, tax, partnerships, sole proprietors and buy/sell agreements.
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I had done several artwork/logo designs for a business. They

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I had done several artwork/logo designs for a business. They were just starting up and we agreed that I would not charge them up front for the work as long as I had first right of refusal for any graphic printing or embroidery. At a point that they could afford the artwork cost or at a time that the partnership was dissolved, the artwork would be paid for.
It is my understanding that I still own the rights to any and all work until such artwork had been paid for, is this correct? The partnership has been dissolved and they are no longer giving the option to do the work but still using my artwork.

Thanks,

Jim

JerrySJD :

Yes. The artwork is copyrighted to you. It is often a good idea to register the copyright. These guys may say that you gave permission to use the art, which is their defense. You say you had a deal, which you did, so they should stop using the art or pay you. You can tell them that the art belongs to you and that our permission was terminated when they dissolved the partnership and did not pay you.


 

JerrySJD :

This means that you can sue them for copyright infringement. That will cost you some money to do though. How much? Well into the thousands. So you have to decide if it is worth it to sue them, or find a lawyer who will do it on a contingency basis.


 

JerrySJD :

There is an interesting article on this that lays out the law and procedures. Let me see if I can find it ...


 

JerrySJD :

Got it


 

JerrySJD :

Read through this for a omplete review of the law and your options. You can register the art and then go after them for infringement.


 

JerrySJD :

Hope this helps you Jim. These guys should honor their committment to you. They did not pay as promised and they are stealing your work.


 

JerrySJD :

Thank you for using JustAnswer. Please click "Accept". If you need more, just let me know.


 

Customer:

Thanks Jerry for the helpful information.

Customer:

Now that I know that I am in the right, I will start with a Demand letter and see where that goes.

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