Milpitas, CA asked in Copyright for California

Q: I had a creative make my logo and labels. We had only a verbal contract. She gave them to me willingly and for free.

Now i'm having a break with that team and they are threatening to sue me if i use the labels. All the correspondence was done through facebook messenger and i have logs of everything said.

She gave them to me for this expressed purpose with a written out understanding many times that there would be no payment.

Can she take me to court for these? can she use them herself? what are my rights here?

Related Topics:
1 Lawyer Answer

A: This would depend on a detailed reading of all of the correspondence to see if any sort of contract or license was created to allow you to use the logo. As a general proposition, the person who creates the work of art owns the copyright. One exception is what is called a work for hire, which may apply in your situation.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.