[Alicia]

Hi Everyone,

Let me just start by saying that I live in California. . . which always seems to muck everything up.

I have a graphic designer that I've paid well to tweak designs and now I'm realizing that I should have her sign over rights. Concepts are entirely mine and 1/2 of the designs had already been created.

My husband seems to think that since we live in CA, that special laws apply to "contract for hire".

Does anyone know how to gain rights to the designs without triggering other issues? She wants to sign something today and get paid -- and I want to pay her and move on with the project. Help! ~ Alicia

 

[StitchShoppe]

I don't understand it. You are paying for a service to have your designs worked on. Why should the hired artist have any rights to your designs?
If I hire someone to build my recroom, does this mean he can invite his friends over and throw a party in it unless I sign something that says he can't?

 

[Rodney]

I live in California as well, but I'm not a lawyer

You should do some google searches for graphic design contracts. There are probably some on elance.com, rentacoder.com. Even some legal sites sell sample contracts that you can use and edit.

 

[queerrep]

Alicia -

I have an "Assignment of Rights" contract that I can email you. If you're interested, PM me with your email address and I'll send it ASAP.

Unless you are working with an unethical designer, the general rule is once they receive payment, they surrender all rights to the work ... but it may be different in CA.

The Graphic Artists Guild - which establishes pricing and ethical guidelines for designers and illustrators - would probably be a good resource for you. www.gag.org

 

[Solmu]

If I hire someone to build my recroom, does this mean he can invite his friends over and throw a party in it unless I sign something that says he can't?

The laws pertaining to physical property and intellectual property are not the same, and consequently our rights and responsibilities are different in each instance. If I cut a person in half I go to jail, if I cut a tree in half I get firewood - there's nothing to really be gained from comparing the two.

 

[StitchShoppe]

The laws pertaining to physical property and intellectual property are not the same, and consequently our rights and responsibilities are different in each instance. If I cut a person in half I go to jail, if I cut a tree in half I get firewood - there's nothing to really be gained from comparing the two.

Thats silly you cannot own a person to cut in half. Youd better own the tree you cut in half or your going to jail. I'm paying for a contractors intellectual insight on designing my recroom. I've contracted them to do a job. I've paid them for their services. What court is going to say a freelance owns the design unless I've signed a contract to the contrary, or broken our contract by defaulting in payment.
I do however see the point that a contract that clearly states my ownership is mandatory, as lawers do make a living at these types of disputes.

 

[Rodney]

hat court is going to say a freelance owns the design unless I've signed a contract to the contrary, or broken our contract by defaulting in payment.

Probably quite a few.

The person that creates the design owns all copyrights to the design as soon as it is created. They would have to specifically assign their rights over to you in a contract (or as terms of employement if they are an actual employee).

So the "default" is that the designer owns it. Which is why it's good to get things down in writing.

 

[RAHchills]

if you guys didn't talk about it up front then just google a contract up that gives you the rights for x dollars and get her to sign it. Otherwise negotiate some sort of royalty per use.

next time, get all that laid out up front.