You can only get rights in a work protected by copyright if you have a written agreement from the person who created the work. It could be transferred as an assignment or as a "work made for hire." However, a "work made for hire" only applies to very specific types of work listed in the Copyright Act which are a work specially ordered or commissioned for use as a contribution to a collective work, as a part of a motion picture or other audiovisual work, as a translation, as a supplementary work, as a compilation, as an instructional text, as a test, as answer material for a test, or as an atlas. If you don't have a written agreement, you probably do not own the copyright in the graphic although you may have a license to use it, which does NOT require a written agreement.
Answered on Apr 28th, 2012 at 1:09 PM