Intellectual Property Law

Intellectual Property Law Questions? Ask a Lawyer

Ask a Lawyer,
Get an Answer ASAP!

Intellectual Property Law
This answer was rated:

Not sure whether this is better under business law but here

goes... I have been doing freelance...
Not sure whether this is better under business law but here goes...

I have been doing freelance computer renderings and animation for years. Everything I do, I put my logo on it, not too big, but down in the lower right hand corner. Usually this is fine, and the client does not even mention it.

One in a while, and recently today I am at risk of losing a big job, because when I mentioned that my work will be branded with my logo they were just flat out amazed and upset. I can see their point, a little. If they want to show THEIR client, they don't want my logo on it all. BUT, I still stick to my guns and say, its my animation, I own it, take it or leave it.

I have heard about "work-for-hire" but I have never specifically be engaged in this. I have heard that commissioned work is implied to be the property of the person that pays for it, unless stated otherwise. Here's the thing. I DON'T USE CONTRACTS. Don't agree with them. I have only signed NDA's when absolutely forced to, and I HATE them. Every time I sign a contract I lose out on something in the future.

All I want to do is do my work, put my logo on it, and have it satisfy the client and hopefully other people will see it and look me up and call me. Is that so terribly ?

QUESTIONS:
1) If I create a computer rendering for a company, WITHOUT A CONTRACT OR ANY KIND OF PREVIOUS DISCUSSION about it, who owns it, them or me ?
2) It is bad etiquette for me to want my logo on every piece of work I send out ?
3) Should I charge more to clients that don't want a logo on their work ?
4) Can I always legally display it on my website, regardless of the above answers for self promotion purposes only ?
2)
Show More
Show Less
Ask Your Own Intellectual Property Law Question
Answered in 9 minutes by:
7/10/2013
Dimitry K., Esq.
Category: Intellectual Property Law
Satisfied Customers: 41,221
Experience: I assist my clients with IP questions that arise in their daily course of doing business.
Verified

Thank you for your question. Please permit me to assist you with your concerns.

To ensure I do not miss anything, I will answer each question in order listed.

1) If I create a computer rendering for a company, WITHOUT A CONTRACT OR ANY KIND OF PREVIOUS DISCUSSION about it, who owns it, them or me ?
Depends on whether you are an employee or a contractor. An employee works for the employer so the employer owns all rights. In a contractor situation, the contractor retains the rights to the item because that is the default position in law.

2) It is bad etiquette for me to want my logo on every piece of work I send out ?
Not really, it is a means of identifying your own work and creating a copyright for your items. Most graphic designers, creators, or other intellectual property professionals do just that as a means of protecting their work. It is akin to a painter signing their painting even if that painting is commissioned to someone else.

3) Should I charge more to clients that don't want a logo on their work ?
That is really not a legal question, it is simply your own choice. But typically if they want full rights to the work, and simply leave you the residual rights under fair use, most creators charge more since they are giving up their own property almost in full to the other party.

4) Can I always legally display it on my website, regardless of the above answers for self promotion purposes only ?
Yes, you can--it would completely be covered under "fair use", which permits you to use your own work as a means of advertising or informing others, but not to use it for a commercial purpose.

Good luck.

Dimitry K., Esq.
Category: Intellectual Property Law
Satisfied Customers: 41,221
Experience: I assist my clients with IP questions that arise in their daily course of doing business.
Verified
Dimitry K., Esq. and 87 other Intellectual Property Law Specialists are ready to help you
Ask your own question now
Customer reply replied 4 years ago

Just a couple of things. 1) No, I have never been hired as an employee. Always as a freelance contractor.


 


2) QUESTION: On the jobs I have had to sign an NDA, ( and I know it generally depends on what is specifically in the NDA ) can I still display the work on my own website just for self promotion ?

Thank you for your follow-up. Glad to assist further.

1. That is very good to hear, then your rights are retained by you.

2. For NDA work, displaying what you created would violate the NDA (as you are directly disclosing what is covered under the non-disclosure). Doing so would violate the NDA and could permit the holder of the NDA to file suit against you for damages.

Good luck.

Ask Your Own Intellectual Property Law Question
Ask Dimitry K., Esq. Your Own Question
Dimitry K., Esq.
Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Intellectual Property Law
Satisfied Customers: 41,221
41,221 Satisfied Customers
Experience: I assist my clients with IP questions that arise in their daily course of doing business.

Dimitry K., Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

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... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...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

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.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, 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!!

ElaineAtlanta, 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.

TonyApopka, 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

< Previous | Next >

Meet the Experts:

Alex Reese

Alex Reese

Lawyer

3,106 satisfied customers

Experienced in intellectual property law

Robert McEwen, Esq.

Robert McEwen, Esq.

Lawyer

848 satisfied customers

Licensed Texas General Practice Attorney

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

41,221 satisfied customers

I assist my clients with IP questions that arise in their daily course of doing business.

Thomas Swartz

Thomas Swartz

Lawyer

459 satisfied customers

Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.

Ely

Ely

Counselor at Law

450 satisfied customers

Licensed attorney in private practice.

Wilton A. Person

Wilton A. Person

Lawyer

352 satisfied customers

MBA, Experienced and Knowledgeable in Intellectual Property Law

BartEsq

BartEsq

Researcher

192 satisfied customers

Juris Doctor

< Previous | Next >

Related Intellectual Property Law Questions
I just finished my 1st cd that i need to get copyrighted
I just finished my 1st cd that i need to get copyrighted asap and trademark my record label's name.how much will the copyright&trademark cost and to start doing shows,selling c.d.s,etc... legally what… read more
Alex Reese
Alex Reese
Lawyer
JD
3,106 satisfied customers
A Californian artist has infringed a copyrighted photograph
A Californian artist has infringed a copyrighted photograph of mine published in a book in 1994. She copied my photograph without authorisation, without credit and without payment. Her website indicat… read more
socrateaser
socrateaser
1,031 satisfied customers
I am looking for an literary/copyright attorney to represent
I am looking for an literary/copyright attorney to represent me against a very well known music artist. My complaint is.... I worked on this persons autobiography for 4 years compiling stories and int… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
I have a question regarding the trademarks and copyright of
I have a question regarding the trademarks and copyright of Adobe Systems, Inc. I understand that their name, "Adobe" is a trademark, and the question I have is, would it be an infringement upon Adobe… read more
Alex Reese
Alex Reese
Lawyer
JD
3,106 satisfied customers
My question is concerning copyright law. (I think) I am a
My question is concerning copyright law. (I think) I am a graphic artist I draw photorealistic portraits in graphite, charcoals and color pencil. I would like to begin offering fantasy composit portra… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Re: copyright infringement. The company who created and
Re: copyright infringement. The company who created and hosts my business website used an image on my site, which was taken from a disk that was public domain. I received notification from a company (… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,807 satisfied customers
I have a copyright on "let there be light" can the new movie
I have a copyright on "let there be light" can the new movie use my title? Book and movie are about religion … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,921 satisfied customers
Can I trademark a name, logo, slogan if it already exists in
Can I trademark a name, logo, slogan if it already exists in a town by the other company if not filed on any state or county levels, they just have a flyer or website name they use for business. Not a… read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
What constitutes copyright infringement? If I find someone
What constitutes copyright infringement? If I find someone else's explanation answer to a question, and I read that explanation, and then develop my own explanation perhaps with different wording will… read more
Alex Reese
Alex Reese
Lawyer
JD
3,106 satisfied customers
Copyright lawyer. I am giving a talk and preparing a
This question is for a copyright lawyer. I am giving a talk and preparing a powerpoint presentation. I found an image on the internet I want to use to illustrate a point. When searching for the image,… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
886 satisfied customers
My church women's group has come up with a slogan and logo
My church women's group has come up with a slogan and logo that we would like to protect. This slogan will be used in conjuction with themed workshops with varied offerings, but still being related to… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,921 satisfied customers
Can I use the "New york life building" in a logo design? New
Can I use the "New york life building" in a logo design? … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
55,439 satisfied customers
Can I claim fair use on a blog photo I hotlinked? The
Can I claim fair use on a blog photo I hotlinked? The photographer failed to protect copyright by having the image plastered all over the web and some photos even have ownership claim conflicts (water… read more
socrateaser
socrateaser
1,031 satisfied customers
FOR BILL ATTORNEY - Bill, is it within fair use to mention a
FOR BILL ATTORNEY - Bill, is it within fair use to mention a couple names of authors and the titles of their books?: Now I understand many authors in search of the t***** *****ke.... such and such and… read more
Thelawman2
Thelawman2
Doctoral Degree
1,240 satisfied customers
Im looking to copyright my car clud name and logo,
Hi JA: Hi. How can we be of help? Customer: Im looking to copyright my car clud name and logo JA: What written documentation do you have? Customer: Documentation JA: Have you talked to a local attorne… read more
Amadeo Rivera
Amadeo Rivera
JD
78 satisfied customers
Is it legal to adapt to adapt something (copyrighted) for
Is it legal to adapt to adapt something (copyrighted) for use in a sale conference. For example, adapting "Back to the Future" for a once day seminar for a supermarket sales conference. … read more
socrateaser
socrateaser
1,031 satisfied customers
I have a question about literature copyright, fair use. I am
Hi I have a question about literature copyright, fair use. I am an author, and I know that it's fairly common that books contain an epigraph (quoting another author or poet's works), however I am not … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,036 satisfied customers
I would like to copyright or protect a logo or avatar
hello ,I would like to copyright or protect a logo or avatar created by my now deceased son for non-profit purposes. Is this possible? And if so how? … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
55,439 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x