Legal Question in Intellectual Property in Alabama

Misrepresenting Art

I recently began doing canvas paintings for a retail store. I have not been compensated for the projects I have completed and I recently found out that one of the employees at the business painted two personalized canvases for a customer who was under the impression that the art was my work. When the customer asked why my signature was not on the piece the employee replied that I must have forgotten. I do not want to be taken advantage of. Is there something I can do or is this totally legal?


Asked on 8/13/07, 2:44 pm

1 Answer from Attorneys

Patrick Tracy Patrick J. Tracy, Esq, P.E.,

Re: Misrepresenting Art

You need to put them on notice that you own the copyright in your work. I presume that you are an independent contractor, as such, without an agreement to the contrary, the work that you do is not a work for hire and you own the copyright.

You need to have a contract with the gallery specifying rights and duties in this instance. otherwise, it is to your detriment.

Good Luck!!

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Answered on 8/13/07, 4:05 pm


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