Legal Question in Intellectual Property in Georgia

Re: Copyright designs then royalties contract

If price were no object, you would register your copyright in every design that you create, and you would also have an attorney advise you on every contract that you sign with a furniture company. In practice, it may not make economic sense for you to take that approach. However, you should understand the following:

1. Copyright registration confers important additional rights (i.e., statutory damages and attorneys' fees), and it is very inexpensive to file copyright applications. You don't have to file a separate application for each piece of furniture, but instead can put them into compilations or collections.

2. The furniture companies probably have their own forms for this type of license. If the expected returns on a given contract are significant, you should have a lawyer look at it on your behalf. As long as you tell your lawyer what your budget is for each contract, you can keep some control over the economics.

On the renderings issue, you are creating "derivative works" and would own the copyright in them (but the designer would own copyright in the original design sketches). Whether to assert those rights is a separate issue entirely.

Best wishes,

LDWG

Re: Copyright designs then royalties contract

I need more specific info before I can advice about renderings. As to your Copyright...Royalty Contract should address that issue. Make sure you protect your IP rights!!!

Re: Copyright designs then royalties contract

Generally, "off the rack" contracts can cause problems. An attorney helps to customize what needs to be said and done in the license agreement to make sure it comports with the deal and has the provisions needed to protect you.

As to other renderings, you might start getting into design ownership conflicts if it is not spelled out. Generally, the independent contractor owns their copyright, but many business people don't understand that. Also, they may want the design or at least a license for the design to mass produce. Again, an agreement can help spell out the parties' rights.

Thank you for your questions.

Best regards,

Todd D. Epp, Esq.