Legal Question in Intellectual Property in New York

Re: copyright material ownership

The situation is called a "work-for-hire" and is governed by 17 USC 201(b), which states that "Works Made for Hire.--In the case of a work made for hire, the employer or other person for whom the work was prepared is considered the author for purposes of this title, and, unless the parties have expressly agreed otherwise in a written instrument signed by them, owns all of the rights comprised in the copyright." Thus, unless there is a writing between you that states otherwise, you own the works.

Re: copyright material ownership

Unfortunately, the artist does indeed own the copyright to her work. In a situation like yours, you needed to enter into a "work for hire" contract with the artist. "Work for hire" means that, although she created the work, the intellectual property rights (copyright, trademark) belong to you.

If you need a "work for hire" contract or any other assistance, please feel free to contact my office.

Re: copyright material ownership

You say that you have "contracted" with an artist to create business cards, letterhead, brochures, and envelopes. Does that mean you have a written contract or written documentation? If you do, I suggest you read whatever written documention you have with her. The answer may be written in the document which you may have overlooked. Someone who is in this type of business would ordinarily specify that she is the owner of the copyright. In the absence of anything in writing, under the copyrightlaw,a good argument could be made that this is a work for hire and that you own the copyright. The problem is that you may have to sue her to enforce your rights. And it may not be economically feasible to do so. The moral to the story is to make sure you spell out your respective rights in a written contract.

Re: copyright material ownership

As you can see by the range of opinion given by my colleagues, Copyright (and Contract) is not an easy area of the law. I suggest you retain an attorney, and I have the feeling your company may need one.