Legal Question in Intellectual Property in New York

I am a freelance artist, just starting to get major clients(government contracting, major corporations, etc). I just created a pattern for a client to use as a logo. A patter to be used as an in tact image.

The client(film production team) paid me for the single image and is now proposing to have another artist separate the individual parts comprising the pattern/logo, independently and profiting off of them separately as multiple, stand-alone pieces of art.

I continue to tell them that this is outside of our agreement, and definitely not what I was compensated for.

Where should I go from here? Any help is greatly appreciated!


Asked on 2/07/15, 11:41 pm

1 Answer from Attorneys
Frank Natoli Natoli-Legal, LLC

Was the project a work-for-hire under a written agreement? If so, then the employer would own the copyright interest and would be otherwise free to do with the work as they wish which includes the making of derivative works and copying. If not, then they would not have the right to make derivative works and can only use the work in accordance with the implied license they received by operation of law through the transaction.

I believe you asked a similar question here as well. You really need to get specific legal advice.

If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.

Our firm is now referred by the American Bar Association (see under the New York section):

http://www.americanbar.org/groups/delivery_legal_services/resources/programs_to_help_those_with_moderate_income.html

Kind regards,

Frank

www.LanternLegal.com

866-871-8655

[email protected]

DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.

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Answered on 2/09/15, 7:33 am


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