Legal Question in Intellectual Property in New York

Contract and copy right help needed asap

I am small trading company in which i have hired a artist to create ten tshirts desighns for me, i know i need to copyright the images but i also want to have a contract so he cant do resale the images after i pay him, or even use them after i start production, what kind of contract is this exactly and when should i strt the copyrighting process


Asked on 2/18/08, 11:17 am

3 Answers from Attorneys

Steven Mark Steven Paul Mark, Attorney at Law

Re: Contract and copy right help needed asap

You need a "work for hire" agreement that states that you are the author of the work for copyright purposes. It's a simple agreement but one that should be drafted by an attorney familiar with these kinds of transactions. The agreement should include all the basic terms upon which you and the artist are agreeing and the drawings should be considered exhibits to the agreement as each is created. As to copyright, once each drawing is created you can file an application in the copyright office. Make sure that you cover each completed design as well as any drafts or other work created by the artist in creating each completed work. Our office does this kind of work on a consistent basis so feel free to call for an initial, complimentary consult.

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Answered on 2/18/08, 11:32 am
Kaiser Wahab Wahab & Medenica LLC

Re: Contract and copy right help needed asap

You will need what is called a "work for hire" agreement. That Agreement will make clear that all rights, title and interest (including any and all copyright) shall belong to you the party that commissioned the work. You will also likely have a short form copyright assignment form for good measure. These two items will be signed by your designer. Once you have the copyright formally, the designer cannot copy or distribute the images without your express permission.

Secondly, with regard to copyrighting the images, you should do so immediately after the agreements are signed. The registration form will reflect that the images were created for you as a work for hire.

I hope that you found this useful.

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Answered on 2/18/08, 12:41 pm
Steven Czik CZIK LAW PLLC

Re: Contract and copy right help needed asap

You need a work for hire agreement and should immediately hire a lawyer to assist you with the agreement and with the filings. This area of law is our specialty; however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.

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STEVEN J. CZIK, P.C.

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New York, New York 10013

212.413.4462

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The information provided by The Law Offices of Steven J. Czik (LOSJC) is for general educational purposes only. There is no attorney-client relationship established by this communication and no privilege attaches to such communication. LOSJC is not taking and will not take any action on your behalf and will not be considered your attorney until both you and LOSJC have signed a written retainer agreement. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you desire the services of an attorney and decide not to retain LOSJC on terms acceptable to LOSJC, you are advised to immediately seek the services of another attorney.

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Answered on 2/18/08, 4:47 pm


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