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?
3 Answers from Attorneys
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.
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.
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.