Ok so a while back, I decided I wanted a logo for my forum. I decided to hold a contest in which the prize was an upgraded user rank on the forum. This is what I wrote in the contest thread: After a few days I saw an entry I liked and declared it the winner. I promoted this member as per the conditions of the contest and added the logo throughout the site. Now, months after the contest ended, I have had a very generous offer for the logo. The designer of the logo believes they should be the one to receive all the money if the logo is sold, because they created it and it is their design. I however, believe that I own the logo and deserve the money. Can I get a professionals opinion? Or anyone's opinion to that matter? I am great friends with the creator, and only want things to be fair and legal. Thanks
Thanks for that, I did have that in mind as well, I don't think it would be unfair either way to go halves.
Legally it is your logo...he entered the contest of his own volition...he knew that it was an exchange, the logo for special privilege... that was the arrangement that he agreed to by entering the contest. However...if he is your friend...is it worth losing a friend over? Even though you don't legally have to give him anything, and he is not entitled to anything, a 50/50 split seems appropriate in this circumstance.
Well he's a friend I only know from online, we have never met, but I still consider him a friend. And thanks for the reply, it helped me a lot!
Did you have a prize for the contest because if you did you would have basically bought it form him which would give you full rights to the logo and everything in it
An excellent question.. Also, copyright laws do vary from country to country, and I gather by your sig link that you are in the UK rather than the US.. So your rights and obligations may be different than they are here in the US.. While it is true that you "exchanged" a better account for him for the logo for you.. You did specify that it was for your forum so you may run in to a "limited rights" issue where the designer can reasonably claim that he only gave the rights to you to use on your forum, not to resell the logo.. I'd work out a deal with him to keep everyone happy..
I would actually split it 55/45 (55 to you, 45 to him) - since he did get special privileges too and she should know that creating a logo in the form of a contest really means that he gives up all rights to it. But at the same time its understandable why he'd want a share.
When I first read this thread I thought you were asking who had copyright to the mozilla logo. I was like, "What are you talking about, neither of you do."
Well, me being an honest guy told him about it. I wanted to get his opinion on the matter. Yep, there was a prize. Thanks a lot for all the help guys!
Holding a contest where payment was a prize in kind or money, would give you the legal ownership of the design. copyright ownership should be made clear when staging the contest, the chances are if the person who designed the logo was to take you to court over copyright, then they would find themselves wasting their money. The prize was payment for the design, so this became a commissioned design. which is now legally yours and your entitled to do with as you wish. making a token payment would be very generous of you. This may help you http://en.wikipedia.org/wiki/Intellectual_property Mike
We came to an agreement in the end; the creator got $150, I got $100, and the creator made me another logo free of charge, which I must say is excellent so I think it all worked out I guess
I suppose the lesson is to get the legal advice before the contest Then you could have had the boilerplate that said "entrant transfers all right of claim and ownership of...".
That's great, you where able to come to an agreement where both of you where happy with the outcome. I think we can all learn something from this and when we hold a centest or commission a design logo, state the terms of the transaction from the start. Then no legal issues can follow later. Mike
This is why a TOS is so important. You'd have to specify that the content created becomes your property, and the participants would have to agree before going ahead and creating logos.