QUESTION
Is there a form that I should have him/her sign to protect my design idea, to prevent him from using my design himself?
Asked on Mar 20th, 2013 on Patents - California
More details to this question:
I will have an artist draw for me a design/picture for a T-shirt idea I have. Then I will copyright/trademark these pictures/graphic designs for my t-shirt printing use.
6 ANSWERS
You should have him assign all of his IP rights in the designs by contract and file a copyright on the artwork.
Answered on Mar 26th, 2013 at 1:26 AM
Appellate Litigation Attorney serving Boston, MA
at
Banner & Witcoff, Ltd.
Update Your Profile
Look on the Internet for a Copyright Assignment form. The artist and you may be co-creators of the ultimate design/picture - especially if you work together to finalize the design. Otherwise - if you only give a general concept to the artist - the artist may be the "author" of the final work. For you to own the design outright - you want the artist to assign any rights he or she may have in the design to you.
Answered on Mar 22nd, 2013 at 8:25 AM
Intellectual Property Attorney serving Marshalltown, IA
at
Patwrite L.L.C.
Update Your Profile
You need to have the artist sign a work for hire contract or you will likely not be the owner of the copyright. In most cases, the artist retains the rights to their work unless they contractually agree to sell it to you. Make sure you have the artists sign the work for hire contract before you pay them. You can download this kind of a contract from many online document sources, but it is always better to consult an attorney to make sure that you are protected and that you have the full rights to your design.
Answered on Mar 22nd, 2013 at 4:28 AM
You will need to have the artist sign a work for hire agreement that transfers any and all rights in the original work, including copyright, to you. Generally, the USPTO will not grant trademark status to a design on a t-shirt.
Answered on Mar 21st, 2013 at 9:22 PM
Intellectual Property Attorney serving South Jordan, UT
at
Pearson Butler
Update Your Profile
You need to have the artist sign an assignment that transfers the rights to the artwork to you.
Answered on Mar 21st, 2013 at 8:32 PM
Intellectual Property Attorney serving Irvine, CA
at
Shimokaji & Associates, P.C.
Update Your Profile
You may want to consider having your designer execute a non-disclosure agreement and/or assignment of copyright to you.
Answered on Mar 21st, 2013 at 8:23 PM