Legal Question in Intellectual Property in Ohio

Proprietary Information

I was wondering if you know of any articles that discuss the legalities related to creating artwork for clients. For example, if I take a hand sketched diagram from you and have my graphic technician create an electronic rendering of the picture, using software that we have invested in (not to mention the computers, support tools, etc�) who owns the rights to the electronic file?

We believe it is considered proprietary content and is the property of our company. What is the legal position?

Obviously, if we get paid to create it, then it becomes the property of the buyer.

Are there any articles written on this subject?


Asked on 10/12/06, 9:34 am

1 Answer from Attorneys
Lawrence Graves Coolidge & Graves PLLC

Re: Proprietary Information

You are quite right in looking for guidance in respect of the situation, but quite wrong in trying to fit the law to your facts on your own (or with the aid of some article, as you request). Seek out a lawyer in your area with the requisite expertise in copyright law; most will give you a free 1/2 hour initial consultation to ascertain whether you have a need for services, but even if you wind up paying for an hour's time it would be money well spent. You should also discuss whether any of these drawings might constitute trade secrets (proprietary/confidential information) that could be protectable if you take appropriate measures, but otherwise might be lost.

Best wishes,

LDWG

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Answered on 10/12/06, 9:52 am


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