QUESTION
Do I have the right to have my intellectual property returned to me? Does the yearbook program have the right to print my designs without my consent?
Asked on Oct 13th, 2011 on Intellectual Property - Oregon
More details to this question:
I am a graphic designer for my high school yearbook program. I create all of my work from scratch, by myself. I signed no contracts stating that the yearbook program had copyrights to my original work. Due to a disagreement with the adviser and and editor, I am no longer in the class. Now, they will not allow me to backup my work to CDs and are punishing me for deleting files that I hold the copyright to. No pages have been printed and nor will the be printed soon.
I requested that they pull anything that I created from the pages. They have several months before the pages must be submitted, adequate time to remove the images. If they print them without my consent, is that copyright infringement? Do they have the right to keep my files on the computers? Do I have the right to request that they be removed?
And can the school punish me or bring legal action against me for deleting my own files?
1 ANSWER
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Copyright law often involves questions of implied licenses.
For example, if I request that you write an advertisement for me (whether or not I pay you to do so), and you write it, then I have the right to use the advertisement in my business. The reason for this result is that you knew what I wanted to do with your work and you provided the work to me for that purpose on a consensual basis. Even though there has been no transfer of ownership of your copyright -- you still own the copyright solely -- I have the right to use this work.
The same general principles apply to the work you did on the yearbook. You knew what your work would be used for. You voluntarily provided your work to the school. There was, in essence, an implied contract that the school would have the right to use your work. You still own the copyright. You probably do not have the right to delete the school's copies of your work or to insist that they refrain from publishing it.
Answered on Oct 16th, 2011 at 4:23 AM