Legal Question in Intellectual Property in California
I am a graphic design student. I have recently discovered a design I had made for someone is being used as a self promotional campaign. This person is a musical artist and is using my design to promote her overall image as I type this question. This design was never paid for. We had arranged that I would design a t-shirt design for "X" amount of dollars. I sent her a low resolution draft of the design in the way we had arranged through our proposal. I met with her on two occasions so that she would pay me and failed to do so.
Three months later I decided to get a Facebook account and I discovered she was using an altered design of my original one as her campaign. It looked exactly the same, except she added a script-like font to the top of the design. She had this design as her default picture for several networking websites, T-shirt prints, and other applications. While researching this infringement I discovered that she was also using the low res draft I had emailed to her. My ORIGINAL artwork was displayed as the digital album cover for her new single. The photo in the design was taken by an associate of mine, her photography was never licensed to this artist and is also a victim of copyright infringement.
We are in the process of sending a cease and desist letter to the two record label companies, one of them is a major one, part of the "big four", record companies. I am going to send screenshots of the evident public displays including live performances while the shirt was worn. I also sent some screenshots of the album artwork that is being used. The following information is not being sent but compiled: I spent the last two days compiling evidence in the form of PDFs from the main websites . I have original work files which state the date I began to work on them along with other rought drafts. I have saved emails which state the project proposal and exchange of money information.
I already have my letter combed through by several people who know about legal advice. I plan on mailing this tomorrow morning through registered mail with a PO box return address. I have informed facebook about the copyright infringement and they have actually started to take some of the content down. I have email notifications of this. It is clear that I am taking what I believe to be the right steps against this infringement, but I am worried about finding a lawyer. As a student I do not have high level of income and I need to find a pro bono lawyer that would be willing to fight this case with me if it does escalate to that level. I'm sure I have enough proof to defend my rights, but I need to find a lawyer who will be willing to help me.
4 Answers from Attorneys
Do not send out your own cease and desist letters. Have a lawyer do it. Also, do not take legal advice from "several people who know." Use a lawyer. Register your work with the US Copyright Office right away.
Mr. Stone is right. Infringers do not respect or heed letters from artists they're ripping off. A letter from a lawyer is much more likely to bring a result, although by no means guaranteed. Also, common-law copyright has no enforcement teeth. You need to register in order to be eligible to bring suit, should that become necessary.
Yes, in agreement with Mr. Stone and Mr. Whipple. An attorney will be able to draft a letter that is more intimidating with accurate legalese and citations to law. It also shows that you are serious about protecting your work.
Also, registering your work with the Copyright office is stronger evidence of your rights to your design as opposed to merely screenshots of your design.
Backing up from the advice already given, you first have to have IP rights to protect. If someone hires you to design something for them, it is THEIR design, not yours, unless you specifically retain the rights to it. If you hve a contract like that, then you can follow the advice to retain counsel.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
