I'm a freelance artist. A client who had me design something for him now wants to have the copyright?
The client had an idea that I brought to life and is now claiming he should have the copyright to it based on that. I disagree. I brought this his idea to life. We had no contract stating that I was going to sign over any copyright to him. He hired me for this one job and that's what I did. Why should he have the Copyright to the work? This was never discussed in the beginning of the project.
Other - Arts & Humanities - 14 Answers
Random Answers, Critics, Comments, Opinions :
1 :
well firstly that should have been in writing from the start, but you created it, its yours, not unless he had a patenet or otherwise published it (ie wrote it down before u)
2 :
Assuming it is not a photo of your client, you have the copyright IF that is IF you applied for and received a copyright. Did you post copyright notice on your work? If not you do not have a copyright on that work. I recommend you see a copyright lawyer as soon as you can.
3 :
No way! You desinged it, you cant hand over your work by giving him the copyright to that design. If you do that, you loose all possible profit off the desing in the future. Now, if they offer a generous amount of money for it, and BUY it form you, that's a different story...
4 :
intellectual property is a funny thing. his idea can be copyrighted, but so can your art. the two are not the same thing. as I understand it, he gave you the right to use his copyrighted idea as an outlet for your art, so he's waived his copyright protection. this may be an incorrect interpretation though. in the end, if it means that much to you, then you gotta hire a lawyer and get the courts to rule. the law will most likely fall on your side than his though.
5 :
Contact an attorney right away!
6 :
destroy it and tell him to design it himself next time
7 :
It was a mistake to not have a contract in writing. That always causes problems. I think the copyright should be shared if possible, because it was collaborative, although you, as the artist, are responsible for the "coming to the life" of his idea. Next time, discuss copyright issues before!
8 :
Works of art are like a child to the artist, that is completely understandable. But if you designed something for a client, isn't it specific to his taste? Is it something that you would use again, or was this a personalized project? If it is something you would be willing to part with, let go and let him buy the rights. Even though you created it, you created it FOR him. If he is willing to pay you for full rights, make that additional money and let it go. If you have an issue with this, tell him he can have limited rights and you require royalties on future use or publication. If you cannot work it out amongst yourselves, find a good lawyer. In the future, work out copyright guidelines beforehand, it will save you a lot of trouble. Good Luck!
9 :
In my view art is more of idea than execution. Art is something which has to do more with mind and lesser with body. The commonly known artists i.e. painter, singer, instrumentalist etc, are, in my view, skilled people-may or may not be artists, whereas, a music director is an artist. So if the idea was of your client's he must be given the copyright and even patent if he wishes to. A building is an architect's creation neither of draftsmen's nor of masons'. This idea is personal and has got nothing to do with the law.
10 :
Patents can be tricky. Copyright exists to defend others from making a profit off of your idea. Is it the idea or the invention itself that he wishes to copyright (from your description it sounds like it is the invention). I think he has good claim for the protecting the idea (unless it was altered significantly by your input), while his claim on the product itself is lessened. I would consult a lawyer that specializes in patents and/or contract work to see if you have right to claim patent on the design and/or work. If you have a right to patent it, talk with the client and see how it goes from there. Perhaps you can co-patent it.
11 :
The contract should have stated SOMETHING about this. Either: You maintain copyright and license the client to do x,y, and z. OR The client buys the copyright (and allows you to use the art for your portfolio.) OR Copyright doesn't apply - he hired you as a skilled laborer. If there's any ambiguity, this will end up on a lawyer's desk.
12 :
If he paid you for the work, then its his. If he hasn't paid you, then its still yours.
13 :
If there was no contract drawn up at the beginning of the agreement then the artwork is yours. You cannot copyright an idea or concept which is what your client came up with. You brought that idea to life. You made the idea a tangible thing and that is what the copyright.gov website states makes an item copyrightable. It would be illegal for him to try to copyright your work. You have every grounds to sue at that point. If he wanted the rights to it, an agreement should have been drawn up in the beginning. Try the site below for more information.
14 :
Is this a graphic design or a product design/ development? It does matter since copyright rules are different for 2-d and 3-d work. But, in the end, if he paid you to do it, then it's HIS. He hired you. It was his idea, sure your developed it, but he HIRED YOU to do JUST THAT. Unfortunately, it's the way it goes for freelance artists. You are "for hire". If all freelancers took credit for every little thing people hired them for, then freelance artists would never get jobs. You DO need to talk to a lawyer. But before just choosing a lawyer, make sure you hire the right person that knows about the particular type of work you do. And I would also ask that lawyer to draft up a contract for your clients to sign when they want to hire you. Good luck getting people to sign it. Sorry to hear about this, but that's the way it goes for freelancers sometimes. ALWAYS discuss the parameters of the project before you start. Ask yourself this, is it REALLY important for you to keep the copyright of this design? It could end up costing you more money in the end if you try to fight it
Read more discussions :
