3 Replies Latest reply: Dec 2, 2014 6:33 PM by jdanek RSS

    Logo Copyright

    coba89

      Hello, I am having problems with a copyright in my company, someone used a logo that I design with Adobe Illustrator. For the me to proceed with legal action, I need to prove that the logo was done by me. Is there any script or file background which I can match with my computer´s id or anything else that is on printed somewhere in the file? I didn´t filled the information on the File Info so those spaces are blank. Thanks a lot Adobe!!

        • 1. Re: Logo Copyright
          Monika Gause CommunityMVP

          This can't be done by technical procedures. All of this info could be faked.

           

          In order to proof this, you might show sketches or beta versions of the logo. Try and find colleagues that can testify when you worked at the artwork.

          • 2. Re: Logo Copyright
            jdanek Community Member

            It may come down to how the file was "used".  Claiming ownership of the copyrights is a lot different than "using" the logo.  If you did, in fact, create the logo, then you own the copyrights.  If you want to limit its "use", you have to file for ownership rights via a contract with whoever you did the work for.  Without a limited usage agreement signed by both parties, little can be done in court to claim copyright infringement.  The best way to "prove" you did the original logo concept and development, you'd file for the official copyright ownership via the US Copyright Office.  When you receive the official copyright to the logo, then you have something tangible to bring into court.  So, even now you could obtain a limited use contract signed by both you and whoever you invoiced for the logo design.  And, with the official copyright from the US Copyright Office, you may have a shot "if" someone is claiming they created the logo and not you.  In addition, anyone can "use" your loogo without your permission.  For instance, a printer may have been hired to create business cards for the company you sold the logo to.  The company gives them the logo file for the expressed purpose of creating the business card, which the printer must return to the company.  Printer cannot claim they created the logo.  Company cannot claim they created the logo.  In fact, they cannot even give it to the printer without your permission IF there is a contract in place speling out that they cannot "use" the logo without your permission.  And, if they do, then you two have to draw up a new agreement or an amendment to the original agreement that allows "limited usage rights".  As owner you have the ownership and all of the responsibilities that go with it.  Many designers never consider the ramifications of original work created by them.  So, in short, without a limited usage agreement, it will be difficult to "prove" anything.  Your original estimate should have spelled out all of the legal rights you hold as creator and the buyer should understand what they can or cannot do with your artwork BEFORE you do anything for said client.  When you get a deposit, that should be enough evidence they understand and, when you invoice the job, you have another or additional opportunity to express your ownership rights and what they can or cannot do with the artwork.  When you receive final payment, it does not mean they have automatic unlimited rights to use the logo.  If they do, you have everything you need to present a district attorney or judge.  Without it, you're whistling dixie.

            • 3. Re: Logo Copyright
              jdanek Community Member

              Since you really have not explained where infringement has or had occurred, and where "the company" fits into the picture, I have to go over "work-for-hire" arrangements that happen in a lot of companies with subordinates that create original artwork.  If your situation is you were hired to create artwork and you worked inside the "company" art department using their computer, their software, and their electricity, then you created the artwork under a work-for-hire arrangement.  In such cases, you can claim you "designed" the logo, but you do not "own" the logo or the copyrights to it.  The company you work for owns it and can use it whenever and however they want to.  You have no rights of ownership.  I should have mentioned that, just in case that is your situation.  Not really clear in your post.  The information I discussed above was a non work-for-hire arrangement where you created the logo using your computer, your electricity, and your software and everything else you used to create the logo.  That would be a proprietory situation which gives you ownership rights. Just so we're clear.