Legal Question in Business Law in New York

I recently agreed to make a drawing, for a set fee, that would be used as a tattoo. I was told what the person wanted in the picture and drew it to his specification. I sent him a scan of the finished product and he agreed to make payment. He has not answered my latest email and I have not received payment. I am assuming that he will take the scan to the tattoo artist and have it done without the original. My question is do I have a legal right to this drawing? Is the fact that he told me what he wanted in the drawing make it his or would it be considered my work since I actually drew it? Your help would be appreciated. Thank you.

(I do not know what area of law this would fall under. I chose business since I had to make a choice)


Asked on 3/30/10, 6:19 am

1 Answer from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

Regardless of whose idea it was, because you have not been paid for it, you have not given any of the rights away. The right to an original piece of work can be sold or assigned, and in the situation you describe, that would generally be the understanding upon a completed sale.

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Answered on 4/05/10, 7:23 am


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