Work changed without permission

[humandrawinghand]

Hi i would just like a little bit of advice. i did an illustration for a small but well known business a few years back for use, to be put on canvas bags and sold to their customers. I did the job for extreamly cheap. Now i have gone on to their twitter page and the design has been coloured in by someone else and is being used as their profile picture as well as the original drawing being used as part of a wall paper in the back ground.

Im a little bit bothered by the fact they got some one else to colour in my drawing, and the fact they didnt ask permission. I never agreed to give them the rights to the image only to use it for the bag design.

Any advice on whether i should be worried about this or is it just fair game on their part?

heres the link to the original and the modified coloured version

Pin up by ~humandrawinghand on deviantART

http://a3.twimg.com/profile_images/1...ndlush-web.jpg

Cheers

[squeezee]

Have you asked them about it? Explain copyright to them.

[byronc]

I would be interested to know what the copyright ruke is here,

i would have thought that if they pais you for a design then the design was theirs? Was it bespoke for them?

i know that in software - anything commisioned is owned by the commisioner?

[squeezee]

Absolutely not. Unless there is a contract assigning copyright then it is retained by the artist.

[Dave L]

This isn't based on anything other than what sounds reasonable to me (which doesn't necessarily tally with strict legality) but I'd say that you sold them the design (however cheaply) and unless you placed contractual limits on its usage at the time it's theirs to do with as they see fit. Other than not doing you the courtesy of asking you if you'd like the colouring-in gig, I can't honestly see that they've done anything wrong otherwise.

[Boss Hog]

I'm with squeezee on this...I always throught that unless the designer specifically assigns copyright to the customer in writing, copyright stays with the designer...

[Ian Bonner]

I don't know if this helps, but in my terms and conditions it states that any artwork is still owned by B Design after job completion. This gives me the green light to use all artwork and completed material in any promotional or marketing material. However, if the client is not happy with this they can inform me in writing that they wish to buy out the artwork in whole. I would then estimate the cost in value to the company / individual. I say 'would' because no-one has ever asked me for this. This then gives them COMPLETE usage and control over the material.

As far as I know, the ownership always remains with the author unless that is changed between parties. Hope that helps.

[humandrawinghand]

Hey thanks to every one who replied very helpful. basically where iv slipped up is i did not use a contract but then i never specified that i gave away the copyright. I just felt it was a bit cheeky really to not ask me to do the colouring for the peice i created. still unsure wether to say any thing so i think i will just not say anything and learn from my mistake.

[Dave L]

Been mulling this one over a bit and I think this is the distinction I'd make:

If I commission a designer to produce something bespoke for my company and then pay them, I expect to own it. If, however, I approach a designer to use something of theirs I've seen elsewhere, I expect to have to come to an agreement (e.g. purchase a license or formally transfer ownership) before I'm able to use it (as with commercial fonts, stock photography, etc.). Applying some of the advice above, you conceivably come to a situation - plainly ludicrous, in my view - where unless the designer formally transfers copyright of the design then I'm liable to fall foul of the law by reproducing my own company logo.

Really?

[humandrawinghand]

Dave interesting points you are making there. It was a bespoke design for the company but it was agreed the design was to be used for a tote bag, no other mention of what else the design could be used for.

I agree copying their own logo is viable and they may do so, but the design was never commisioned as a logo for the company. It just happenes that the design has been more sucessful than they or i myself originally anticipated and the company has now hired some one else to copy the original design in colour and alter it so they may use it else where to advertise them selfs, and they have done so with out even considering me to alter the design, or asking for permission.

Now some other designer/ illustrator who copied the design is now getting credit for what was originally my drawing and what i consider to still own copyright to as it was never stated that i hand over the copyright to the image as i wanted the use of it to advertise my own portfolio.

"Copyright applies to original artistic works such as paintings, drawings, engravings, sculptures, photographs, diagrams, maps, works of architecture and works of artistic craftsmanship".

Copyright for Commissioned Work

Unless stated, you the artist will have copyright on any commissioned work you produce. The person commissioning you can of course request the copyright to the finished work, which would also include rights to reproduce the work for sales of prints or merchandise.

i found these on a web site

Tutorials › Copyright Law for Artists

Now i think about it if that is the clear case they are in copyright infringment, as it was never agreed to hand over the copyright as i obviously would of asked for more money. So now would this be a good time to sell the copyright?