I was asked to make a design and print some t-shirts by a local organization. After several emails, phone calls and artwork proof submissions, a design was worked out and agreed upon. When I completed the last artwork change, I sent a proof to have final approval. After several days of not hearing back from my contact, I was told by someone else in the organization that they decided to use another screen printer. Ok...I'm fine with that, but here's the problem. Apparently they are going to use my artwork! I plan on billing them for my time, but what should I do about the artwork? These shirts need to be printed by next week. Should I just wait and see if they indeed did use my artwork and then go after them? Or should I send a nasty email to my contact and warn them about NOT using my artwork?
If it were my time, I'd contact the organization and remind them that the artwork is copyrighted (unless it contains other images that are NOT your own) and gently say that you'll be glad to give them license to use the artwork, but for a fee of (whatever you want to charge)
If ALL of the artwork is original, and created by YOU, then YOU own the copyright to the artwork, regardless if you registered with the US Copyright Office. It's called "implied copyright". Question here is: Did the customer formally sign an order & ask you to create the artwork, or was this just a verbal agreement? You may not be able to collect for your time if there is no written order (customer could say "I never asked him to create any artwork for us"), but you still own the artwork you created....therefore, neither the customer and/or the screen-printer can reproduce it without your written permission, whether you got paid for your time, or not.
I would give your contact a call, and ask them to please not reproduce your art, and then follow up with a certified letter (if you have a mailing address) and/or email. If you find that they do indeed use any or all of your artwork, or your artwork is changed slightly to make it appear slightly different, then you're entitled to damages. At that point, you'll need an attorney that handles copyright infringement cases to decide if it's worth going after.
The artwork has some original conceptions and some elements of clip art from a set that I purchased.
There was not an "official" signed agreement, but I do have email requests from the customer asking me to make changes to the artwork. I also have an email with the shirt sizes and quantities he would like. When I was first approached about the job, I gave a written quote. After the quote was received is when I started having conversations about the design, shirt color and sizes.
As far as the other printer using my concept design, I'll have to wait and see what the shirts look like when finished.
As far as the other printer using my concept design, I'll have to wait and see what the shirts look like when finished.
Hi, Tim - I think that's a mistake. As several have already advised, you should be proactive and get out in front of this. You may need to take some other kind of action later.
At least email your contact and let them know they can not use your art - a phone call would be good also. Good Luck!
(as long as you purchased the clip art and there are no restrictions on its use - that's not a factor.)
I had this same thing happen to me a few years ago. They were fooball designs for the local High School, I contacted the superintendent of the Ditrict and explained the issue. In my case the shirts wer already printed.The Superentindent contacted me back aftr his investigation. He wanted to know how to make this rught with me. I now get about 60% of the Districts work. I chose to work with them and not create a hassle and it paid off for me. ..... JB
Hi, Tim - I think that's a mistake. As several have already advised, you should be proactive and get out in front of this. You may need to take some other kind of action later.
I agree with Tim. If you wait until after the shirts are printed you won't have much leverage.
I also agree with JB and others that you should confront them as nicely as possible and don't burn any bridges.
From what I've read, it doesn't seem like you actually called your contact and got confirmation that they are going with someone else. I would just call and "follow up" with the order, and gently remind them that if they decide to go with someone else that you will send them an invoice for the artwork.
Hello everyone, thanks for the replies. I've followed the advice of everyone here and contacted my client today. They were planning to use another printer and use my artwork. After explaining that using my artwork being a violation of copyrights, I've been given the job back. It was a very civil conversation, no feelings were hurt and my client completely understood my situation.
Thanks again for everyones input. I'm going to re-evaluate the way that I handle phone/email correspondence with a client. I'll make sure I disclose every aspect of artwork design and rights. I just need to figure out how I can get a "digital signature" from a client when they read and agree with my terms.
I'm going to re-evaluate the way that I handle phone/email correspondence with a client. I'll make sure I disclose every aspect of artwork design and rights. I just need to figure out how I can get a "digital signature" from a client when they read and agree with my terms.
Easy, just fax them a proof and have them fax it back with a signature and date.
and gently remind them that if they decide to go with someone else that you will send them an invoice for the artwork.
I'm glad it all worked out! And even better you got the job you deserved!!
1. Okay but for future reference. Let's say they paid you for the artwork you created (the time you billed them for creating the artwork), can they legally, then take it elsewhere (well, I don't care about that) but it the artwork now theirs to use whereever/whenever they want?
2. When I hire a graphics designer and pay him/her to do artwork, it is mine to use as I please, as many times as I want right? It is no longer theirs when I pay them?
2. When I hire a graphics designer and pay him/her to do artwork, it is mine to use as I please, as many times as I want right? It is no longer theirs when I pay them?
Thanks, just want to make sure I understand!
Normally that is the way it works – but you should really get them to sign something just to CYA.
What should I do???....Copyright Issue 
