Rights to artistic property

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Rights to artistic property

I am an artist who made a logo for a friend. The art is completely original. He
got sponsored by a large company and they paid an artist to draw a new logo for
him but it looks exactly the same as mine. Even though the logo is for my friend,
don’t I still have rights to protect my art?

Asked on October 14, 2016 under Business Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If your friend paid you anything for the logo, or if you gave/gifted it to him, then you have no rights to the logo: work which was paid for is "work made for hire," and the rights belong to the customer/client, and if you gift anything, including intellectual property, you give up all rights to it and they can do anything they like with it.
Only if you specifically reserved rights to the logo--didn't sell or give him all rights--might you still have rights; if so, you have whatever rights you specifically reserved, and could potentially take legal action for violation of your copyright or other IP rights.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption