I have a question about design rights.......

[TheFloridianLogoMan]

Back in early June, a friend approached me and requested that I draw up a logo for a new business she's starting. I did it, and she was impressed, and I told heer that she could use it for free, per previous agreement. However, I just read Brandon Moore's blog, and I realize now that I need to be careful about just handing out my designs. I still want to give it to her for free....she's a friend, not a person I just met yesterday.....but I want to know what steps I can take to retain creative responsiility for the design that I constructed for her, so I can be sure I can use it in my portfolio. She has NOT opened her business yet, so I feel that now is the perfect time to address this situation.

Thanks in advance

PS: My first idea is a contract signed by both of us letting me retain creative rights to the design

[BrandMooreArt]

im not the best with the legal stuff but, you have copyright to your creation. you essentially are giving her permission to use the design for herself/business. any breech of that (such as someone else stealing it for their own or another designer altering it) would be unlawful. in such a case your friends business would likely be the one in the "legal battle". a contract would be fine, but trademarking the logo is the best bet in legal protection for her company.

as for showcasing it in your portfolio that shouldnt be any problem, its more promotion for her. clients usually love to have their logo in a designers portfolio

thanks for reading

[TheFloridianLogoMan]

im not the best with the legal stuff but, you have copyright to your creation. you essentially are giving her permission to use the design for herself/business. any breech of that (such as someone else stealing it for their own or another designer altering it) would be unlawful. in such a case your friends business would likely be the one in the "legal battle". a contract would be fine, but trademarking the logo is the best bet in legal protection for her company.

as for showcasing it in your portfolio that shouldnt be any problem, its more promotion for her. clients usually love to have their logo in a designers portfolio

thanks for reading

Cool....that's exactly what I wanted to know. She'll be trademarking it herself (I hope!), but as long as it can go in my portfolio as a work I did, which she has said that I could do, then all is good. Thanks, I appreciate the response, Mr. Moore.

[oddball]

Mmm... verbal contracts. While it's between you and your friend and that's good. The question begs, did you give her a .jpg version or a flattened version of the file or is it working layered Photoshop or Illustrator file. I ask this because if you do a logo for someone and they use it on business cards, letterheads, etc. sometimes you'll design the logo and then have the business cards, etc. designed and delivered to them. Other times you just hand them the hi res .jpg pr .png version of the logo and let them do with it what they will for print and electronic uses. In both cases you still have the original artwork. If you gave her the .jpg or whatever flat version of the file, you didn't give her anything rather you just do what most designers do and you hold on to the original artwork. If you gave her the working file, then you gave over the rights of that logo to her based on the agreement. Think of the working file as a photo negative. You can get the negative from a photographer... or at least you use to be able to, for a price. That's how you deal with work, you keep the original, the client gets the flat. Even if I give the client the working file, I'll still have a working file on hand just in case something goes wrong with the version I sent them, and that does happen. Here's the thing, and I just looked it up in the GAG (Graphic Artist Guild book), you agreeing to verbally give the logo over to your friend, does not give her exclusivity to the logo, therefore you could technically use it in other places. If you want it to be hers and hers alone, you must have a written contract giving her exclusivity. If you're designing logos, what you should do is go to Barnes & Noble and buy or order the Graphic Artist Guild book. It's great information and has contracts in it also.

[TheFloridianLogoMan]

Mmm... verbal contracts. While it's between you and your friend and that's good. The question begs, did you give her a .jpg version or a flattened version of the file or is it working layered Photoshop or Illustrator file. I ask this because if you do a logo for someone and they use it on business cards, letterheads, etc. sometimes you'll design the logo and then have the business cards, etc. designed and delivered to them. Other times you just hand them the hi res .jpg pr .png version of the logo and let them do with it what they will for print and electronic uses. In both cases you still have the original artwork. If you gave her the .jpg or whatever flat version of the file, you didn't give her anything rather you just do what most designers do and you hold on to the original artwork. If you gave her the working file, then you gave over the rights of that logo to her based on the agreement. Think of the working file as a photo negative. You can get the negative from a photographer... or at least you use to be able to, for a price. That's how you deal with work, you keep the original, the client gets the flat. Even if I give the client the working file, I'll still have a working file on hand just in case something goes wrong with the version I sent them, and that does happen. Here's the thing, and I just looked it up in the GAG (Graphic Artist Guild book), you agreeing to verbally give the logo over to your friend, does not give her exclusivity to the logo, therefore you could technically use it in other places. If you want it to be hers and hers alone, you must have a written contract giving her exclusivity. If you're designing logos, what you should do is go to Barnes & Noble and buy or order the Graphic Artist Guild book. It's great information and has contracts in it also.

I gave her a flat copy of it....I maintain the original file on my harddrive, which will go into a flashdrive portfolio I have.

[dfwabel]

If you are that worried about it, then consult with an IP attorney for an hour.