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[horizon]

Hi,
A friend of a friend did me a logo basic art design to use for a small company we were starting up as a favour, he didn't ask for payment at any time.
I met him a few weeks after he did the art and he didn't ask us to stop using and said it was ok. Obviously he denies this now.
He has since decided to ask me for money and threatened to sue me, but not at any point has he asked me to stop using the logo even though he has many mutual friends and could have got my contact details at any time.
I actually went to him after hearing through the grapevine he had a problem, and he said he had a lawyer who would take me on now win no fee style.
The business has made no profit so far and has just broke even on setup costs
The artwork has no monetary value for him as it is the name of our brand we created and was created solely for that use.
Where do i stand since i don't have it in writing that he gave us permission? Though i do do have the original art that i used to create the digital logo with which he gave to us through a mutual friend
Any advice would be great.
thanks

[artchain]

If the copyright was not transferred to you, then the work is owned by the person who created it.  As you've already learned, your 'verbal agreement' can be disputed.

I suggest you stop using the logo, and have someone else design one for you...  this time, with a written contract!

As far as being in trouble:  there is no money to be made here, so I doubt very much that any attorney would take this case on a contingency basis.  Your friend is bluffing.

However, your friend could use the DMCA takedown request process to force your hosting company to remove the logo from your website, and that would not cost him anything to do.

 

[chugan]

Hi,
A friend of a friend did me a logo basic art design to use for a small company we were starting up as a favour, he didn't ask for payment at any time.
I met him a few weeks after he did the art and he didn't ask us to stop using and said it was ok. Obviously he denies this now.
He has since decided to ask me for money and threatened to sue me, but not at any point has he asked me to stop using the logo even though he has many mutual friends and could have got my contact details at any time.
I actually went to him after hearing through the grapevine he had a problem, and he said he had a lawyer who would take me on now win no fee style.
The business has made no profit so far and has just broke even on setup costs
The artwork has no monetary value for him as it is the name of our brand we created and was created solely for that use.
Where do i stand since i don't have it in writing that he gave us permission? Though i do do have the original art that i used to create the digital logo with which he gave to us through a mutual friend
Any advice would be great.
thanks

I think the only way you could possibly own the copyright is if the artist assigned it to you in writing.  I doubt the artist could be deemed an employee, nor does this fit into any work for hire category---both of which would have resulted in you being the "author" of the work.

On the other hand, you could argue that the artist impliedly issued you a license to use the work.  His failure to assert his rights in a timely matter would support that argument.  I doubt any lawyer took his case on contingency.

That being said, I agree that you are probably better off abandoning the work and get a licensed work for the future.

Chris

http://nashbillies.wordpress.com/

[Jay Gatsby]

Sounds like he is lying based on his description of the attorney working on contingency basis.

Why not consider offering him $500 for the ownership of the mark?  Specify in the written document that you are not conceeding that he even has ownership of the mark or any valid legal claim. 

If it isn't worth $500 to you, you should just get a new mark.

[Jay Gatsby]

Also, if he won't take $500 and keeps threatening to sue, tell him that you will claim laches as an affirmative defense and you will counterclaim for malicious interference with business practices.  That might shut him up.