QUESTION
Intellectual Property on a gift
Asked on Apr 25th, 2012 on Intellectual Property - South Dakota
More details to this question:
A graphic designer created a graphic for my use - it was a gift and unpaid. I have since stopped both personal and professional relationships with this person. Are they able to claim intellectual property on the graphic created and insist that I cease use of the image?
No contract was drawn up at the time.
1 ANSWER
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Nancy J. Flint Attorney at Law, P.A.
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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