Copyright query

kronsington

can someone plase give me a hand with this

it's a situation where an organisation hired an idependent designer to help them with a presentation they were preparing.

The designer made a character that was used in the presentation. the character was conceived after discussions with people involved in the organisation.

to cut a long story short, the presentation went very well, and some of those who saw it wish to have it translated into irish etc.

basically im trying to ascertain the following
1. who owns the actual presentation?
2. can the organisation share the presentation with other services and organisations outside the remit for which it was originally made?
3. who owns the character used in the pres? can the org in question in other areas of work ?
4. who can authorise changes to the presentation? i.e having it translated etc
5. who can decide whether a fee is or is not charged to other orgs for a copy of the presentation?

a lot of this seems to be based in the 2000 copyright and related rights act, but if anyone has any further info id appreciate it.

the designer was paid for his work initially and there is no formal agreeement between the parties

thanks

Tom Young

Answers:

1. The independent designer unless the concept rights are vested in the contracting party and the designer was contracted to design based on a concept. That concept and intellectual property vesting in the contracting party. If not and the concept was the designers, then it is his/her IP right, again subject to any agreement or IP clauses.

2. That would be subject to IP ownership and agreement. If agreement in place and rights are owned properly, then yes.

3. See 1. above.

4. The IP owner or subject matter owner with rights to use the works. His assigns or licensees may then translate it, etc.

5. The owner of the IP right, in that case the company.

The original work must be paid for, for adequate consideration/cash or royalties to the designer subject to the agreement, oral or otherwise under which the work with firstly, contemplated and secondly, undertaken to conclusion.

There should have been a formal agreement.

Tom

**This is not legal advice**

TJM

This issue comes up quite a bit and I've previously written about it in detail here. That link relates to copyright in bespoke software, but the general principles are the same.

To add some points to Tom's analysis:

1. You will have to consider both copyright and also the moral rights of the designer;
2. In the absence of a formal agreement the commissioning organisation will enjoy an implied licence to use the work, but that implied licence is likely to be quite narrow; and
3. You will also have to consider whether the IP rights in any items incorporated into the presentation (photographs, video, music, etc.) may themselves present a problem. Do you have the right to use a piece of clip-art, for example, if the presentation is to be resold?

As Tom points out, this is not legal advice tailored to your situation. Talk to a solicitor with expertise in this area.