Legal Question in Entertainment Law in California

custom Artwork for a TV show

I worked for a WB Produced show for

Fox, and created a custom Graphic

Design for them. Now the Producers

are using that same design for a new

WB Produced show airing on NBC

without my permission. Can they do

this considering I was NEVER hired

as a union Graphic Designer?


Asked on 10/05/07, 2:33 am

3 Answers from Attorneys

Brian Corber Brian Lee Corber, Attorney at Law

Re: custom Artwork for a TV show

A lawyer should review your actual contract. Initial question: was it Work-made-for-hire or a license? Also: are the rights obtained by the producers under that contract set forth (in WFH, they obtain all rights under copyright law; if license, you look to the license's terms). You may contact me directly for more services in this matter.

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Answered on 10/05/07, 1:16 pm
Gordon Firemark Law Offices of Gordon P. Firemark

Re: custom Artwork for a TV show

If you created the materials while an employee of a production company, it's likely they're "Works made for hire", and thus belong to the employer. If you were not an employee, check your contract for those specific words. If they're in the contract, you probably don't have a case. If they're not in the contract, then you should consult with a lawyer and possibly sue the producers.

The union issue is really not very relevant... though if you're a union member, you can probably get some free advice from the union's legal department.

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Answered on 10/05/07, 6:33 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: custom Artwork for a TV show

Their argument, of course, will be that desiging the graphic was part iof your job, therefore it was a "work for hire," and therefore they owe you bupkis. You could retain a lawyer to start making demands and other noise, and maybe they would settle with you. Factors unknown to me include what, if anything you signed; your status, if any, with the union; whether the producers are signatories to the union contract; and what you would be entitled to if you were a union member and this was a union gig.

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Answered on 10/05/07, 4:02 am


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