Copyright and designer property

[JeffK]

So working on the paid forum, often several designs are posted with different concepts. Once a design is paid, and the final files are turned over to the buyer/OP, I assume all rights to copyright are turned over as well.
But what if the design/concept is turned down? Do you as designer still own the rights?
- Jeff

 

[IamSam]

Once a design is paid, and the final files are turned over to the buyer/OP, I assume all rights to copyright are turned over as well.

This would depend on what you negotiated for. If it was an original design, even though it may go to someones specific logo, you can retain your rights to the design if you wish. They negotiate usage for your design. Copyright belongs to the designer.
If you created the design based on their creative work/property, then they should establish copyright to any design. If they don't, the copyright belongs to the designer.

But what if the design/concept is turned down? Do you as designer still own the rights?

Yes! If they, or anyone else for that matter, uses your design, they are infringing on your copyright. The copyright belongs to the designer.

I never turn over rights unless there is handsome reward.

 

[JeffK]

Thanks for the clarification , Sam. I had thought that if you're paid for a design, the implication is you no longer "own" it.
Interesting landscape - even more interesting in the digital space...
Thanks again!
- Jeff

 

[IamSam]

Thought I would also bring up this as well.

When an image is altered such as this, who has rights to the altered image?


This is usually cut and dry.............the original designer or company owns the rights, not to mention that they probably paid royalties on the Adidas logo. So unless you alter the image over a certain percentage then you can not claim rights to your alterations. In fact, in certain circumstances, the original owner can file copyright infringement against anyone altering or using an altered version of the copyrighted image. It's usually the person or company who is monetarily benefiting from the altered design that draws the heat, but in certain cases, they have gone after the persons/designers who altered the image. It's all in grey territory that I won't dive into here.

Then there's the messy realm of fair usage and fan art................these are determined based on how the altered images are used. As long as they are not being used to make money, there's usually no fuss.