Legal Question in Business Law in Kentucky

Ownership of Original Creative

My company has designed, produced and installed exhibits for small

museums. We have been paid after completing each installation. In November

of 2004 an arsonist set fire to one of the museums, destroying some of the

graphics that were produced for an exhibit. The exhibit had been up for a

year but was in storage at the museum at the time of the fire. We finished our

last exhibit for them in the Spring of 2005 and were paid. They are now

sending letters threatening to sue us if we don't give them our original files

for all exhibits that we produced for them. They stated in the letter that they

want us to turn over all discs that are the property of the museum. Each of

the other exhibits is either still in use or stored at the museum. We do not

ever turn over our original files. We were paid to produce the graphics and

install the exhibit. Do they have a leg to stand on or is it just intimidation?

Two of the board members are lawyers.


Asked on 6/23/06, 3:12 pm

1 Answer from Attorneys
Philip Owens Philip M. Owens, Attorney at Law

Re: Ownership of Original Creative

You need to immediately consult your attorney. if you do not have one then this may be a good time to establish a relationship with competent local counsel that has a practice geared to your situation. I daresay that this will not be the only time that you would use him/her and if cosulted early enough on the next deal, then you may not find yourself here again. There are several issues here that cannot be answered in this forum because there are not enough facts. I do not have copies of the original contracts. Do they give the musuem exclusive property rights in the design? Could you use the design for another customer? I can think of several more such as copyright situations, etc.

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Answered on 6/23/06, 4:53 pm


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