Legal Question in Intellectual Property in Illinois

I had an artist make me a logo and he sent me an email where he did it all free of charge. Here is the email:

Brian just listen to last couple episodes I really appreciate the shout you guys do for me and I'm going to go off the record and say if you guys need any graphic help in the future I'm here for you guys free of charge!!! And glad see your a basketball fan and I'm going to send you Michael Jordan print I did I know you'll appreciate it thanks again I'm still working on NYCC stuff but when I'm doing I'm working on a new logo and character art for you guys!! Once again totally appreciate the love!! And please don't quit the podcast keep pushing it people will recognize!!

Then send me another email stating:

Since I am no longer apart of you Podcast please remove the Logo I designed form your Website and your show. If this Logo is not removed within 10 days a Cease and Desist letter will follow from my lawyers and legal action will be taken.

Does he have this right?


Asked on 5/06/14, 1:36 pm

1 Answer from Attorneys
Thomas Moens Moens Law Offices, Chartered

There is certainly an argument that he does. For one thing, I doubt you had a written assignment of copyright. A reasonable interpretation of the situation would be that he granted you a license to use his work, and he is now revoking that license. It would not seem worth the financial risk to argue about it. You paid nothing for the logo, so you are not out anything by removing it. I would hazard a guess that the cost to have another logo designed will be far less than a retainer for an intellectual property attorney. Think how exciting it will be to roll out your brand new updated logo.

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Answered on 5/06/14, 2:24 pm


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