now the company wants to put the logo on the building itself. Do they have to buy the rights to the logo? And if so, how much should he ask for? Thanks!!!
2007-09-23 07:19:02 · 7 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
He is NOT an employee. This is a contract job.
2007-09-23 07:44:48 · update #1
Also they haven't paid him yet for the job, the pay rate has only been talked about.
2007-09-23 07:48:22 · update #2
Given the facts presented, your husband is due no further payment. Since he is being paid, then his work is considered, by U.S. Copyright law, to be a "work for hire" which means that his work is the legal property of the company who is paying your husband. The only exception to this rule would be if your husband (as an independent contractor) had entered into a prior agreement with the company in which the company specifically left all or part of the intellectual property rights within your husband's domain. Unless this issue was specifically addressed in a contract with the company, then it will most certainly be decided that the company maintains all intellectual property rights for your husband's work, for which they have already paid. If they didn't pay your husband, of course, then the work-for-hire theory does not apply and it remains his property.
You say it's a contract job, but you don't make mention of any details regarding the assignment of intellectual property rights although you do mention that he hasn't been paid. You also mention that the rate of pay has only been "talked about". That doesn't sound like much of a contract. Could it be that there is, at this time, no written agreement between your husband and this company? Is it the case that his contract is expected to offer payment only after the delivery of the work that he's been (or might be) contracted to perform? It sounds like the question may not simply be one of who has or doesn't have rights in some piece of intellectual property by terms of his contract because we don't know the terms; or even if a written contract actually exists. If so, then surely it would contain some mention of the compensation that they intend to render to your husband and the conditions upon which that compensation is based. It sounds like the company may intend to make use of the logo by way of registering it as some kind of trademark, which is little bit different than applying for a copyright. Since we don't know the details regarding anything of a contractual nature, vis-a-vis the assignment of intellectual propertys, then you should find an intellectual property specialist in your area. If you don't know one, the county bar association is usually a good place to start.
2007-09-23 07:31:53 · answer #1 · answered by Don C 3 · 0⤊ 0⤋
If he is making the logo for the company -- then it probably counts as a "work for hire" -- that may be explicit in his contract or it may be implied.
Either way, if he is making the logo for the company, they have the right to use it for their own purposes as they see fit. They are buying that right by paying him for the work.
2007-09-23 14:29:36 · answer #2 · answered by coragryph 7 · 0⤊ 0⤋
If he developed the logo while working for the company (I'm assuming he is an employee) the company usually owns the rights to everything he does while on the clock.
2007-09-23 14:28:34 · answer #3 · answered by arvis3 4 · 0⤊ 0⤋
If he was working for and getting paid by the company, that would be the property of the company.
Unless he has a written agreement stating otherwise, the company is under no obligation to pay him more.
2007-09-23 14:26:05 · answer #4 · answered by trooper3316 7 · 1⤊ 0⤋
you haven't wrote your husbant doing job or he did as business man.
if he is doing job then that's owned by the company so he can not charge any more if company use for any purpose. but if he is doing business then it depends on the contract between your husbant and company. if nothing is decided that means he should be paid.
i dont know the place where are you from but the price is depends on market of your place. so its easy to ask some one who is leading in this business.
hope this help.
2007-09-23 14:37:05 · answer #5 · answered by Thinking. 2 · 0⤊ 0⤋
your best bet is to ask an attorney. THat way instead of being misguided they can lead you in the right direction.
2007-09-23 14:22:30 · answer #6 · answered by spiritwalker 6 · 1⤊ 0⤋
sound's like he should of had a contract first.
that's not the case is it?..
All you can do now, is learn from this mistake.
2007-09-23 15:09:23 · answer #7 · answered by Anonymous · 0⤊ 0⤋