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Entrepreneurship:  Copyrights?  |
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City Chick
True Blue Farmgirl
1402 Posts
Deb
Chattanooga
TN
USA
1402 Posts |
 Posted - Jun 19 2009 : 04:32:23 AM
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I have a friend who does graphic arts. I have an idea I would like to approach him with but first want to get my "eggs in one basket".
My questions:
How do you go about copyrighting an image?
Then there's the issue of who's image is it really? Mine because of the idea or his because he drew it?
I need to hash out the business end of it. What I'm using the image for - if he wants a set $ for the image or will want a % of the income (wishful thinking).
Anything else I need to think about?
http://www.xanga.com/My_Pondering_Place |
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JojoNH
True Blue Farmgirl
1984 Posts
Joanna
Dunbarton
New Hampshire
USA
1984 Posts |
Posted - Jun 20 2009 : 05:47:19 AM
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Okay, first off you need to do a little reading at the official website for copyrights: www.copyright.gov
Now, I will share this with you, however, please keep in mind I am not an attorney and you need to make sure you have all your ducks in a row.
That being said, here is what I know.
If you have a graphic design idea, even a rough sketch and you Hire a Professional to "create the idea" for you, it is legally yours. . . not the person you hired. ( a good idea to have a simple contract done up for a non-compete, non-disclosure) The reason I know this, I design for a living. People come to me with their ideas and I make them into a reality. . and I do not own the designs. . . I was merely an "employee" so to speak, that was paid to do my job. ( I have signed many contracts to ensure this for others)
To register your design is simple. They now have online applications and the fees have dropped dramatically. . . so it should be fairly easy to do this for your self. ( word of caution, be wary of companies claiming they can do this for you. . . they are very expensive and they are simply filling out the same form as you will directly at the copyright site)
You are smart to look into this first, before proceeding, I give you two thumbs up  and wish you much success on your project!
Joanna #566
JojoNH
http://www.CountryCents.com
http://CountryCents.Blogspot.com
http://Twitter.com/Eastwooddesigns |
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Marybeth
True Blue Farmgirl
6418 Posts
Mary Beth
Stanwood
Wa 98292
USA
6418 Posts |
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City Chick
True Blue Farmgirl
1402 Posts
Deb
Chattanooga
TN
USA
1402 Posts |
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willowtreecreek
True Blue Farmgirl
4813 Posts
Julie
Russell
AR
USA
4813 Posts |
Posted - Jun 20 2009 : 4:04:11 PM
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The company that hires the grapic designer usually has some say in who the copyright belongs to. My BIL is a graphic designer and it depends on who he is working with weather he still owns the copyright or not. Some companies will take ownership in order to prevent you from using the design elsewhere but they also compensate the designer. Seeing that you are an individual seeking the help, it is up to you and your friend to hash out the details. I would be sure to get everything in writing (EVEN IF it is a friend) before you give him any sketches or anything.
Also keep in mind that TECHNICALLY everything you create is automatically copyrighted to you. If you put them on a website and indicate that the work is copyrighted and it is not for public use you would be covered legally if you found someone using your work. However the legal fees wouldnt be worth it if you were to persue it. Unless you are publishing a book or entering your photos into contests etc it is really unneccessary to pay for a copyright. And if you were publishing the book you would likely copyright the ENTIRE work rather than each individual picture.
Farmgirl Sister #17
Blog
www.willowtreecreek.wordpress.com
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JojoNH
True Blue Farmgirl
1984 Posts
Joanna
Dunbarton
New Hampshire
USA
1984 Posts |
Posted - Jun 21 2009 : 04:32:45 AM
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You are right, as soon as you have created something you own the copyright. That said, you still need to file the papers with the copyright office it be able to go after anyone who infringes on your rights. Also, although the costs can be extremely expensive, there are times when you need to step up and pursue someone who is infringing on your rights.
The law is the law and no one is above it. Usually a letter to the offender is sufficient, it let's them know that they are violating your copyright. . . now not everyone will stop and that is when you need to weigh out the overall situation. After all, it is your design and it can cause you financial hardship depending on the situation.
This is why I have recommended that everyone go to the official website and educate themselves. The wheels of justice turn slowly, but the do turn. . . so know your rights and be informed so at the very least you have done all you can to protect what is yours.
Joanna #566
JojoNH
http://www.CountryCents.com
http://CountryCents.Blogspot.com
http://Twitter.com/Eastwooddesigns |
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Entrepreneurship: Copyrights? |
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Copyrights?
