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montysimmons
montysimmons, Patent Prosecutor
Category: Intellectual Property Law
Satisfied Customers: 328
Experience:  Electrical Engineer, South Carolina Attorney, Member of US Patent Bar
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Further questions regardding IP rights and photoshop files. The

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Further questions regardding IP rights and photoshop files.
The files she passed me have not been copyrighted. The files she passed to me so I could make her clothes for her baby shop. There was nothing stated at the time about what I may or may not do with the files. I used the files and often made articles for both stores. I was not her employee I was her partner. She is now saying rights revoked to use any thing she sent me. She has conceded that any texture I did upload with my name on it while using any portion of the files is mine. She has chosen to remove any product in her shop that was made using my work.
I did bring up with her joint works. She did send me the files so I could make her product that would make her money. I did not request that she take that product down.
What I am asking is as her former partner and under fair use of files I was given to create new product which than led to the creation of new files made by me using layers from her and layers I created technically can I continue to use the new files. She claims that she will file against me if I do use these files. She implies from here on out if i make a new texture and she decides that any part of my finished item looks like it may have used any layers of hers at all she will file. So for example if I make a wrinkle and she decides that the wrinkle is to similiar to her wrinkle she will file.
Do I have any rights at all to continue to use the new files I have created while with her. She has stated that anything I uploaded while we were together is mine. That it is my "artisitic work". If the finished textures are my artistic work that who property are the files that I created using layers from both of us?
Hello again.


YOU STATE

The files she passed me have not been copyrighted.


ANSWER


Copyright attaches to a work the moment it is fixed in a tangible medium (i.e. written down, put on CD, sang, etc.). However, copyright only attaches to the “stuff” that is eligible for copyright which is perhaps the entire work or just a small piece of a work.
However, before one can sue for copyright infringement, one must how a valid Registered copyright.
Thus, registering a copyright is required to file suit to protect such copyrighted work.


YOU STATED

Do I have any rights at all to continue to use the new files I have created while with her. She has stated that anything I uploaded while we were together is mine. That it is my "artisitic work". If the finished textures are my artistic work that who property are the files that I created using layers from both of us?


ANSWER

The actual answer is very fact specific. That said, I believe you can still continue to use the “new files” as those works either belong to you or to both of you (joint work).
That said, anyone can sue another for any reason (no reason, good reason, or bad reason). Thus, being right will not stop another from suing you, and, being right can be very expensive in Intellectual Property litigation.


If she sues, one will “win” but that “win” will likely be as painful as any “loss”. Thus, if she sues, neither party is likely to “win” when all things are considered.


Why make a bunch of already rich lawyers richer?


I recommend you guys sign an agreement sharing ALL past works and “joint works” and start fresh from today forward.
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