Legal Question in Intellectual Property in California
In 2010, I hired a graphic artist and created a box with graphic designs on all sides. This box is now being produced and sold throughout the country to help kids when they go to the hospital or move to a new home
A potential distributor sent me a design that he created utilizing my artwork. The only thing he changed was a small area on the front side. Everything else (including my graphic design on all of the other sides) are the same.
He now wants 5% for every box sold if I utilize, produce and sell his small "addition" to my design.
First, I didn't give him permission to create his version on my graphic design and second, is he entitled to ANY percentage if I use his "addition" to my graphic design ?
1 Answer from Attorneys
He cannot produce the boxes with your design without paying royalty or getting agreement, and, likewise you must pay a royalty or get permission to use his portion of the design.
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