Legal Question in Intellectual Property in North Carolina
Logo Designs
I created a logo design for a restaurant. I have not recieved payment, monetary or otherwise, for the design. The restaurant has been using my design on signs, tshirts, business stationary (business cards, flyers, & newspaper ads) and menus. The restaurant recently changed ownership. They are operating with same theme, menu and logo. The new owners want me to provide them with copies of the design. Who retains the rights to the logo design? The artist who created it, or the business who has been using it without purchasing the design?
1 Answer from Attorneys
Re: Logo Designs
As long as you created the work as an independent contractor and not as a work for hire, you own the rights to the design. You need not furnish anything to the new owner, except a bill for the work that you did for the previous owner. Register you design with the copyright office to protect yourself. The cost is nominal. Go to the website loc.gov/copyright for the details.
Good luck!!