Legal Question in Intellectual Property in Indiana

I am a graphic designer who has been working with a client for 3+ years. My client recently sold her business. The new owners want all of the original/native working files that I have designed over the years. I never had a contract with my client while I was designing for her company. My question is do I have to release the files & who owns them?


Asked on 10/20/10, 1:51 pm

2 Answers from Attorneys
Kenan Farrell KLF Legal

If you had no written agreement with the client, you likely retain copyright ownership of the files. As such, you would not have to release the files or could request payment to do so.

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Answered on 10/25/10, 2:03 pm
Kevin B. Murphy Franchise Foundations, APC

The other attorney is right on point here. As a franchise attorney I can say the issue is a bit more complicated. The answer depends, on part, how your relationship was structured (employee or independent contractor) as well as whether you received payment(s) for any of the graphic design work performed. Consult with a good attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Attorney

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Answered on 10/26/10, 12:52 pm


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