Buying a design

[Tina]

I was wondering if anyone can tell me where I stand if I pay to have some do some drawing done for me to use.

The drawings are to be used on my products and from what I gather they have the copyright to them as they created them. Would this entitle them to have a claim to money from sales if my product suddenly took off?

Can I some how buy their rights from them or get them to sign them away somehow?

Many thanks,
Tina.

[Ian J]

If you pay someone to design something for you, ownership of the design should be vested in yourself.

Make sure that there aren't any nasty small print clauses in the contract.

[bwglaw]

If you pay someone to design something for you, you should make it a condition in the contract that all copyright is expressly assigned, otherwise it will remain with them.

Given that you intend to use the designs on your product you must have an agreement in place otherwise your products will become effected by any dispute over copyright.

[Tina]

Thanks guys I thought it would be something like that. I'll have a look at getting a document put together before I get any work done.

Cheers,
Tina.

[bwglaw]

Originally Posted by Tina

Thanks guys I thought it would be something like that. I'll have a look at getting a document put together before I get any work done.

Cheers,
Tina.

Happy to have a quick look at any agreement you produce for the designer, or I can draft a simple agreement for you for a small fee. Just email me at the address below

Jonathan

[Eagle]

Originally Posted by Ian J

If you pay someone to design something for you, ownership of the design should be vested in yourself.
Make sure that there aren't any nasty small print clauses in the contract.

Hi Ian
Unfortunately, that's not correct; a designer always owns copyright by default and that's enshrined in Law. Prior to commissioning the work, the client should negotiate assignment of copyright (in writing) before they agree the project.

[bwglaw]

Originally Posted by Eagle

Hi Ian
Unfortunately, that's not correct; a designer always owns copyright by default and that's enshrined in Law. Prior to commissioning the work, the client should negotiate assignment of copyright (in writing) before they agree the project.

or both parties can agree to the copyright assignment after the work has been produced. If the designer does not agree then the copyright cannot be assigned. It is always better to negotiate this BEFORE commissioning the designer.

[Tina]

Thanks everyone, I'll check this is out with the designer before I do anything else and whatever the outcome I'll get it in writing.

Many thanks for your replies.

Tina.