NANCI RICHARDS spoke thusly to: DICK ROEBELT
NR>Ok, here is my question...I have a small-home based business and I
NR>do graphic designing.
   Ditto...only the design work is only a very minor part of our 
business.
NR> A radio station in my area contacted me about designing a 
NR>bumper sticker...for a summer promtional kick-off, I asked if 
NR>this was going to be used for other than the design bumper 
NR>sticker and they said no....they paid me my fee, and design I 
NR>might add my Logo fees are much higher...Next thing I knew 
NR>design my was plastered on the side of their Van with another 
NR>company given the credit for the design.... 
   Ah, same old same old.  You will find the worst pirates in the 
world are in that business.  They push the copyright laws to the 
limits.
NR>I talked with the owner of the Radio Station and he flat out 
NR>told me that there never was going to be any bumper stickers and 
NR>I was just out of luck because they paid me for my design...in 
NR>my eyes they are leasing my design...they do not own it... 
   The law is crystal clear.  Unless you assign the copyright *IN 
WRITING* you hold it forever.  You have the legal right to demand 
extra compensation for the additional use of the design.
   That said, I am sure that your atty has informed you of the 
possible costs of such a suit.  
   The local paper ripped off one of my designs and refused to even 
acknowledge me.  Fine.  And to think I used to have a bi-weekly column 
in that rag!
   Then I did the same to them (fair is fair, is it not?) and it took 
all of 3 days to get a nasty-gram from their atty's.
NR>so I now have a lawyer who had drawn up a design-art contract 
NR>for my future clients...My lawyer said it would be a waste of my 
NR>money to take legal action....but I am still mad and hurt..can I 
NR>still claim the design as mine and use it in my portfolio's for 
NR>future reference? Thanks for your time! 
   What's to claim?  You did it and you know it.  I am sure you have 
an invoice to backup your inclusion in your portfolio should it ever 
be questioned.
   Keep the damn thing in your portfolio and display it proudly.
   Let me tell you a [synopsis of] story I read years ago in one of 
the trades in their copyright column.
   Seems that a camera shop used a national logo of a film company on 
their letterhead/business cards/store sign/etc.  (Assumedly signifying 
that they were an authorized dealer)  Unfortunately, that film company 
pulled their approval a month or so prior to the store ordering more 
cards, letterheads etc.
   When the shop ignore the cease and desist letter issued by the film 
company the film company sued (as they MUST to protect their 
trademark). 
   They sued EVERYONE, including the quick-print shop that did the 
actual printing.
   Now the print shop was eventually off the hook but not before 
incurring massive legal bills.  I use the word "massive" in relation 
to income for that shop vs legal expenses.
   The moral of that story is that anyone who reproduces copyrighted 
or trademarked items had well better get a release/indemnification.
   I now carry and use a simple form that the purchaser signs stating 
s/he has the lawful right to use and reproduce said material and that 
they agree to indemnify me (in case of an infringement suit) for 
reproducing the stuff along with their guarantee to pay all [my] 
reasonable atty fees, etc.  I may not see a dime but it is clear 
evidence to any court I do not [willingly/knowingly] participate in 
ripping off the works of another. 
   Which also brings me to the suggestion that if you do go after the 
station (and wish to bear some heavy pressure) include the graphics 
shop which did the lettering on the van, etal.  The tradesmen involved 
will scream to high heavens and so much negative publicity will 
generate that a settlement may well be in the offering. 
   In this business get used to being ripped off.
   I had a client for whom I designed a great political sign.  He 
loved it so much that he used it in his real estate business.  For a 
full year after that he dutifully stopped by every week with a cold 
case of beer for me and steered much of his business to my wife's 
title company as he could not afford a lawsuit nor such negative 
publicity as an elected official (the newspapers were already after 
him on other matters). 
   What pissed me off so much is he didn't even ask me to bid his real 
estate signage - never mind actually doing them.  I would have been 
very competitive and I know my quality was higher than the company he 
used.  When I faxed him a copy of my lawsuit (also naming the company 
who did his signs) he was on my doorstep the very next day.  I let him 
twist slowly a wee bit before giving him my terms.  The first 
questions out of his mouth was "who else did I fax it to?"  Right 
there I knew I had him.
   The 52 cases of beer was pretty close to the profits I would have 
made.  The title work was the bonus.  And at the end of the year I 
gave him an assignment.
   Get rich and famous.
   Dick
   TheMerc@Juno.com
Which part of "Death to Tyrants" did you not understand?
þ CMPQwk 1.42 84 þ
--- Platinum Xpress/Win/Wildcat5! v2.0GI
(1:3603/140)
---------------