Legal Question in Intellectual Property in California

Art work rights

I commissioned an artist for hire to produce some art work for my new book. Do I need to acquire the rights to the artist's intellectual property directly from the artist or doesn't the fact of my hiring the artist grant me the rights?


Asked on 11/06/06, 5:13 pm

3 Answers from Attorneys

H.M. Torrey The Law Offices of H.M. Torrey

Re: Art work rights

The rights you are referring to can be incorporated into one all-inclusive agreement. If you would prompt, affordable legal assistance here, contact us today for a free phone consultation.

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Answered on 11/06/06, 5:38 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Art work rights

I believe that work of an artist done for purposes of illustrating your work are a "work for hire" under 101(2) of the Copyright Act's definition of work for hire; specifically, the art is a supplemental work and the copyright would belong to you unless otherwise agreed.

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Answered on 11/06/06, 5:58 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Art work rights

While it may likely to be covered under your copywrite, it would be recommended to spell that out in the employment agreement. Call me directly at 16192223504.

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Answered on 11/06/06, 6:17 pm


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