Legal Question in Intellectual Property in Georgia

Your rights in any work you provide as an independent contractor, I am assuming without a contract in place that addresses all these issues, are governed by an implied license.

The rule is that an implied, nonexclusive copyright license is granted when (1) a person (the licensee) requests creation of a work, (2) the creator (the licensor) makes and delivers it to the licensee, and (3) the licensor intends that the licensee-requestor use the work. All which of occurred in your situation. Moreover, you were even paid for the work.

They can use the logo you created for them for all its intended purposes and this cannot be frustrated by the creator. That said, you should only be creating logos for entities under a work for hire/assignment scenario. It makes no sense for a company to pay for a logo they do not own outright. You are only complicating things and any rights you maintain in the work are greatly mitigated by the implied license anyway.

If you need clarification, feel free to contact me anytime that is convenient.

You can review our outstanding client reviews here: https://www.avvo.com/attorneys/10007-ny-frank-natoli-1791330.html#reviews.

And our firm is now referred by the American Bar Association (see under the New York section):

http://www.americanbar.org/groups/delivery_legal_services/resources/programs_to_help_those_with_moderate_income.html.

Kind regards,

Frank

Natoli-Legal, LLC

www.LanternLegal.com

866-871-8655

[email protected]

DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.