Legal Question in Intellectual Property in California
Copyright for Liquor Packaging
In March of 1983, I created a prototype package for a boutique liquor brand that was about to be introduced in the United States. I was paid a minimal sum for my work and never asked to transfer rights to the design. Since that time, the brand has become a major national seller with my packaging essentially unchanged. I have the design file with correspondence from the client to support my case. I may even have one or two witnesses who attended my client meetings. Do I have a case to ask for compensation?
2 Answers from Attorneys
Re: Copyright for Liquor Packaging
If your original design is eligible for copyright protection and you were not doing the work as an employee within the scope of your employment or pursuant to a work for hire agreement you may very well be the owner of that design. Your opportunities to recover substantial damages, however, would be limited unless you registered the copyright in the design. You certainly can ask for compensation but if you're dealing with a major company they may well assert you didn't own the copyright as well as a host of other defenses. No one will drop down dead and let you fill out a blank check. You should get a lawyer involved and be prepared to spend a considerable amount of money to assert your claim if the "major national seller" wants to fight you.
Re: Copyright for Liquor Packaging
Depending on when you should have found out about all this you may have major statute-of-limitations problems. On the other hand, you might be able to apply for a design patent, a question which should be taken to a patent lawyer.
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