Hello, I am facing a problem that I need some help with. I am a graphic artist and have recently been commissioned to create an logo for a production company. I offered the concept of using a patter, that I would create. This pattern comprised of a repeated, layering of different graphics(that I had made separately and previously), over-top of one another. Creating an effect, a single image. One complete piece of art to be used as a promotional logo.
The client, after receiving and approving and paying for the logo, then asked me to distort the logo by separating and altering the 8 different images that repeat within the pattern. So that they could be used as 8 separate logos and designs for them to use, sell and promote independently.
I stated that I never agreed to, nor was I compensated to create multiple pieces of art. Also, that I did not create the single, in tact piece of art for it to be dissected, distorted. and sold in separate pieces.
They have since stated that they will not alter, separate or use the pattern in any distorted way other than the way it was received but I want to be safe.
What bases should I have covered, if any to secure myself in this situation.
1 Answer from Attorneys
Is there a written agreement and if so does it clearly state the service level terms and that you are to provide one design/logo? Based on what you are telling me, I'm inclined to agree with your position on this. I don't understand under what theory they would think that you would be obligated to dissect your design into component parts to be used separately. We have many clients in your field and all of them use written contacts that spell out exactly how many mock ups will be provided, how many edits, etc.
Of course, these are very fact intensive scenarios and all you can do at this point is to discuss the specifics over with counsel in private. If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.
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