Copyright Image Design Issue

This is a discussion on Copyright Image Design Issue within the Copyright, Trademark, Patent forum, part of the INTELLECTUAL PROPERTY & INTERNET LAW category; Ok, For like 2-3 years a freelance gfx designer made images for our websites and articles. Now there is a ...

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Old Jan 19th, 2009, 01:13 AM   #1
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Default Copyright Image Design Issue

Ok,

For like 2-3 years a freelance gfx designer made images for our websites and articles.

Now there is a point we basicly break any form of contact and we requested all materials/designs ever made to be send to us. Particulary PSD files of the logo's and relative work.

The GFX designer claims he does not have to provide this at all that he owns the rights.

Now I stumbled on a recent courtcase of the LDD logo. LDD published the logo etc prior to the gfx designer/artist copyrighting the logo. The court decided that the logo and all derivated work are owned by LDD and not by the graphics artist even as he took a copyright (allthough later than first used by LDD)

So I assume that this would suit also for my case that the graphics artist will have to provide me all work done during the past years for our network of sites.

Any input is welcome on this topic,the GFX artist is canadian. So I assume canadian law would be applicable.

A lawyer can contact me through PM if needed as I want to play safe on this issue.

Thanks
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Old Jan 19th, 2009, 01:14 PM   #2
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Default Re: Copyright Image Design Issue

Normally the designer does keep the copyright if he is not an employee--unless your agreement says otherwise.

But in that case you do have a perpetual license / right to use the design.
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