Legal Question in Intellectual Property in Michigan
Artwork design
A member of our non profit student organization drew a design on the chalkboard at a meeting once which we all liked. She then drew the same design for a poster design to advertise our free shows. She left the group for personal reasons, yet when we wanted a shirt we decided to use the design for the backs of the shirts. we have not sold the shirts for a profit or in mass quantities at a show. she never signed the designs im aware of, yet now she is out of the group, IM'ed me stating that she doesnt ''approve and would like them destroyed, OR compensation'' or she will take legal action...she says she does not work for free anymore. My question is whether she has a case or not, seeing as we are not using her 'property' for a profit, it is merely a form of free advertising as was the intent behind the poster.
1 Answer from Attorneys
Re: Artwork design
She clearly is the owner of the work,unless you have a written agreement transferring the work to you.
If you were to use office supplies, you would have to pay for them unless they were donated.
The fact that the income from your organization is not taxed as a for-profit corporation has no impact on copyright ownership or compensation.