Legal Question in Technology Law in Oregon
Wesite designers will not remove items I paid for
I had someone make me a logo of one of my dogs and a couple of other logos that I use to advertise,everything that has been made by the website designer has been paid in full by myself. Recently she has started a website design business with my logos and ads, which I replied back to her to remove them ASAP as she does not have my permission to use anything of mine and she refuses since she did the work.
What rights do I have and who can I contact to have her remove my ads, logos, a logo design of my dog who I no longer own and think it is only fair to the new owners.
This web designer does not care what I think or others, even after all the e-mails she continues to keep them even though I paid for all in full and have nothing to do with her anymore.
1 Answer from Attorneys
Re: Wesite designers will not remove items I paid for
Unless you have a written contract clarifying who owns the rights, she probably does. This issue come up often because most people don't consult an attorney before they create intellectual property, companies, etc. Feel free to contact us and we will charge a reasonable fee to go over any agreements you had, emails, etc. and tell you your chances. But you might want to just let the new owner handle this because they didn't purchase the rights and they obviously didn't think to confirm your rights to the logos before they paid you; so objectively you are in the same position as the web designer, except of course that she probably knows the law and didn't think enough of her customer to clarify this point and negotiate the price accordingly. So you could try to sue, maybe in small claims court, and argue that she knew the law and that you did not, but I really don't know what the result would be. We can research it for you.