Default Intellectual Property for CGI

[smiff1000]

I have a situation whereby I produced a series of product images for a company some time ago, designs by one of the company directors, all paid for everyone happy. Said director left the company, and took the design rights with him.

The original company has requested copy from me. The former director has told me not to send. There was no official contract in place at the time. In the UK, as I understand it, as the creator of the images I can dictate usage rights in the absence of a contract saying otherwise. The 3rd parties can argue between them about who gets to promote the content as their own. The downside is that I have an ongoing relationship with both companies currently. Whats the best way to deal with this?

[Scott Schroeder]

It's a gray area in terms of if you own the rights as an independent contractor or not. In a sticky situation, if they provided direction, comments, and notes then they can argue that you were an employee at the time (regardless if you were contracted as a freelancer) and they hold all of the rights. If they hired you out and have 100% zero information (such as they just said we need this on the 1st of next month and the next time you talked to them was to deliver the image) then you can hold onto the rights. (See source below)

 

Best not to get in the middle of a petty argument between grown children and just send the images as requested. Next time, work with a contract. It's better for all parties involved.

 

For example, imagine you hire a screenwriter to write a screenplay. You discuss what the screenplay should be about generally, but afterwards, you contribute nothing during the writing process. You set a delivery date for January 1st of the next year. Since the only thing you hired her for was to deliver a final product without supervision, this person would almost certainly be an independent contractor. When that writer delivered the screenplay to you on January 1st, the only thing you would own is the 100 pages of paper that the screenplay was written on. You would not own the rights to create a movie from the screenplay.

 

On the other hand, imagine you hire that screenwriter, and you want to work very closely with her. You meet with her every few days to discuss the story. You cleared out a room in your home to allow her to meet with you and work there. You regularly give her script notes, and suggest edits to scenes. This screenwriter would likely be considered your employee. When she delivered the screenplay to you, you would own the full copyright to create a movie out of the screenplay.

 

As you can see, it’s often unclear where the line could be drawn between employee and independent contractor. This is why it’s standard practice when hiring creative people—no matter if they are employees or independent contractors—to have them sign agreements stating that they will transfer their full copyright in any work they create to the person who is paying them to do the work.

 

This agreement is called an Assignment Agreement because the action of giving up a copyright fully to another person is called an “assignment.”

 

Assignment agreements can’t be made orally. They must be written and signed by the person who is giving up their copyright to have legal effect.

[notamondayfan]

Were you a freelancer / sub contractor? If so, who paid your bill? That'd be a good place to start.

 

If you were an employee, anything you create whilst in employment will generally belong to the business who pays your wages. If that's the case, then it's not your worry as to who has the rights, as it's unlike to be you / your decision.