Q: If you were to commission (pay) an artist to draw an imaginary character you made, who would hold the rights to it?

A: **If you were to commission (pay) an artist to draw an imaginary character you made, who would hold the rights to it?

I assume the artist is not your employee in responding to this question. Absent an express written "work for hire" agreement, the artist would retain their copyright interest in the work. How did you buy this work from the artist? Many eCommerce sites for digital goods, like FiveRR, do transfer ownership rights through their terms of service. The U.S. Copyright Office circular on "work for hire" arrangements can be found here: https://www.copyright.gov/circs/circ09.pdf.

**My extended question is since you paid the artist to draw your imaginary character you made, would it then be legal to remove the artists' logo if they added it?

In short, if you don't own the image, you generally can't modify and redistribute it. Many factors will depend on whether it's permissible for you to do so; you'll have to consult with an attorney to review the specifics about your intended usage to get a better answer.

**Also would it make a difference if you paid them to draw a character they made up rather than the one you made up?

Arguably you could be deemed a co-author if you made up the character, and would therefore have an equal and undivided interest with the artist. Generally, courts have disfavored granting co-author status and the associated rights to those whose contributions are minimal or abstract. You would have a stronger claim that you're a co-author if, for example, you outlined the character and a colorist colored the character.

**Thanks!

You're welcome!

A: I agree with Mr. Blackton. I would add, that what copyright protects is the expression of an idea, not the idea itself. From what you describe, you had the idea for the imaginary character and conveyed the idea to the artist. But then the artist actually found one way to express your idea. If you hire a different artist, she could also develop an expression of the character, but it would not be a "copy" from the first, unless, of course, if she sees it. Best to remember that whenever you have third parties create any intellectual property for you, you always want to be sure who will own the copyright in the work in the end. As Mr. Blackton noted, you need to have a writing in place before the artist starts to work.

A: You should consider hiring a lawyer to draft an IP agreement for you for this job. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.