Tuesday, March 1, 2016

Is it copyright infringement by US copyright law if someone else modifies and uses my design?


My company is in a small town and there are not any graphic designers but we have enough business in the town and the surrounding area to support us. But because of the small town nature some business owners do not know all the laws. And since I am starting this from a career in architecture I am not quite clear on copyrights. So here is my problem.


I created a sign that has an oval with scrolls and flowers in different colors on a field of turquoise. The client did not want to spend the money on a logo design so I said that I will just retain the rights so that she would have to come to me for the approval to use the logo on anything else. So anyway everything seems to be fine, I do her business cards and now all of a sudden I see a sign at the street. I quoted her on this job figuring in using the logo. Apparently this company did for much less and you can tell by the quality.


But here is my problem. She had a jpeg that I allowed her to have so she could create her own fliers and I was ok with that since it would not have made me much if any money. Well I am looking at the sign that the other person did and all that was done is they made a longer oval since this sign is more rectangle and used a different font. And put this over the design that I did. To me this is copyright infringement since the client did not want to buy all the rights. But who do I address? The client or the person that did the sign?




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