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Ownership of a design.

  • 31-05-2011 7:26pm
    #1
    ciara1973
    Closed Accounts Posts: 3 ✭


    Hello everybody,

    If somebody designed graphics/layout and branding for a website and the payment for the work was a % share of the Ltd company that owned the website, and all this was done under the condition that another shareholder was going to fund a proper promotion/advertising of the website, then does the designer still own the work if the other shareholder did not meet their part of the deal by doing any of the agreed promotion/advertising work?

    Thanks in advance.


Comments

  • #2
    blueythebear
    Registered Users, Registered Users 2 Posts: 1,074 ✭✭✭blueythebear


    ciara1973 wrote: »
    Hello everybody,

    If somebody designed graphics/layout and branding for a website and the payment for the work was a % share of the Ltd company that owned the website, and all this was done under the condition that another shareholder was going to fund a proper promotion/advertising of the website, then does the designer still own the work if the other shareholder did not meet their part of the deal by doing any of the agreed promotion/advertising work?

    Thanks in advance.

    Depends on the contract that was signed between the parties and specifically how the contract deals with the issue of copyright. If no contract was signed, then fuller information would be required.

    Regardless, in such a situation, you really need a solicitor to advise you.


  • #3
    ciara1973
    Closed Accounts Posts: 3 ✭ciara1973


    blueythebear wrote: »
    Depends on the contract that was signed between the parties and specifically how the contract deals with the issue of copyright. If no contract was signed, then fuller information would be required.

    Regardless, in such a situation, you really need a solicitor to advise you.

    There was no contract signed, however there are witnesses to the verbal agreement.

    Its my believe that a designer owns their work unless expressly specified in a contract?


  • #4
    tricky D
    Closed Accounts Posts: 9,700 ✭✭✭tricky D


    The creator should have the original artwork which will help the claim of being the creator of the work. If there is no contract, rights will not have been assigned, i.e. the creator still owns the copyright. If there is a contract, that will depend on what's in there. It's not smart to not have a contract for matters like these. Even less smart is not having a shareholding agreement. These do exist, right?

    Edit: No they don't. There's loads of threads in the Photography forum on copyright matters which might help. (~ Invoice, solicitor letter, court)


  • #5
    ciara1973
    Closed Accounts Posts: 3 ✭ciara1973


    tricky D wrote: »

    Edit: No they don't. There's loads of threads in the Photography forum on copyright matters which might help. (~ Invoice, solicitor letter, court)

    What do you mean?


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